§ 163-1. Time of regular elections and primaries.

1. Unless otherwise provided by law, elections for the officers listed in the tabulation contained in this section shall be conducted in all election precincts of the territorial units specified in the column headed "Jurisdiction" on the dates indicated in the column headed "Date of Election." Unless otherwise provided by law, officers shall serve for the terms specified in the column headed "Term of Office."
2. On Tuesday next after the first Monday in March preceding each general election to be held in November for the officers referred to in subsection (a) of this section, there shall be held in all election precincts within the territory for which the officers are to be elected a primary election for the purpose of nominating candidates for each political party in the State for those offices.
3. On Tuesday next after the first Monday in November in the year 1968, and every four years thereafter, or on such days as the Congress of the United States shall direct, an election shall be held in all of the election precincts of the State for the election of electors of President and Vice-President of the United States. The number of electors to be chosen shall be equal to the number of Senators and Representatives in Congress to which this State may be entitled. Presidential electors shall not be nominated by primary election; instead, they shall be nominated in a State convention of each political party as defined in G.S. 163-96 unless otherwise provided by the plan of organization of the political party; provided, that in the case of a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163-122, that candidate shall nominate presidential electors. One presidential elector shall be nominated from each congressional district and two from the state-at-large, and in addition, the State convention of each party and the unaffiliated candidate shall each nominate first and second alternate electors who shall serve if their slate is elected as provided by G.S. 163-209 and if there is a vacancy as provided by G.S. 163-210.
4. If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day.

OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE

Governor State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Lieutenant
Governor State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Secretary of
State State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Auditor State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election

Treasurer State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Superintendent
of Public
Instruction State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Attorney General State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Commissioner of
Agriculture State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Commissioner of
Labor State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
Commissioner of
Insurance State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election
All other State
officers whose
terms last for
four years State Tuesday next after the
first Monday in November
1968 and every four years
thereafter Four years, from
first day of January
next after election

All other State
officers whose
terms are not
specified by law State Tuesday next after the
first Monday in November
1968 and every two years
thereafter Two years, from
first day of January
next after election
State Senator Senatorial
district Tuesday next after the
first Monday in November
1968 and every two years
thereafter Two years
Member of State
House of
Representatives Representat
ive
district Tuesday next after the
first Monday in November
1968 and every two years
thereafter Two years
Justices and
Judges of the
Appellate
Division State Except as provided in
Article 1A of Chapter 7A
of the General Statutes,
at the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Eight years, from
first day of January
next after election
Judges of the
superior courts Superior
Court
District At the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Eight years, from
first day of January
after next election

Judges of the
district courts District
court
district At the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Four years, from the
first day in January
next after election
District
Attorney District
Attorney
district At the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Four years, from
first day of January
next after election
Members of
House of
Representatives
of the Congress
of the United
States Congression
al
district,
except as
modified
by G.S.
163-104 Tuesday next after the
first Monday in November
1968 and every two years
thereafter Two years
United States
Senators State At the regular election
immediately preceding the
termination of each
regular term Six years
County
commissioners County At the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Two years, from the
first Monday in
December next after
election
Clerk of
superior court County At the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Four years, from the
first Monday in
December next after
election

Register of
deeds County At the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Four years, from the
first Monday in
December next after
election
Sheriff County At the regular election
for members of the General
Assembly immediately
preceding the termination
of each regular term Four years, from the
first Monday in
December next after
election
Coroner County At the regular election
for members of the General
Assembly immediately
preceding the termination
of a regular term Four years, from the
first Monday in
December next after
election
County
treasurer (in
counties in
which elected) County Tuesday next after the
first Monday in November
1968 and every two years
thereafter Two years, from the
first Monday in
December next after
election
All other
county officers
to be elected
by the people County Tuesday next after the
first Monday in November
1968 and every two years
thereafter Two years, from the
first Monday in
December next after
election

History

(Const., art. 4, s. 24; 1901, c. 89, ss. 1-4, 73, 74, 77; Rev., ss. 4293, 4294, 4296-4299; 1915, c. 101, s. 1; 1917, c. 218; C.S., ss. 5914, 5915, 5917-5920, 6018; 1935, c. 362; 1939, c. 196; 1943, c. 134, s. 4; 1947, c. 505, s. 1; 1951, c. 1009, s. 2; 1953, c. 1191, s. 1; 1967, c. 775, s. 1; cc. 1264, 1271; 1969, c. 44, s. 80; 1971, c. 170; 1973, c. 793, s. 93; 1977, c. 265, s. 1; c. 661, s. 1; 1991 (Reg. Sess., 1992), c. 782, s. 1; 1993 (Reg. Sess., 1994), c. 738, s. 2; 1996, 2nd Ex. Sess., c. 9, s. 2; 2003-434, 1st Ex. Sess., s. 6; 2004-127, s. 12; 2005-425, s. 3.2; 2015-66, s. 3; 2017-3, s. 2; 2017-6, s. 3; 2018-21, s. 1; 2018-146, ss. 3.1(a), (b), 6.1.)

Local Modification to Former G.S. 163-118 to 163-147. - Session Laws 1945, c. 894, repealed former Article 19, relating to primaries, insofar as its provisions applied to the nomination of Democratic candidates for the General Assembly and county offices in Mitchell County.

Session Laws 1957, c. 826, as amended by Session Laws 1959, c. 621, s. 2, provided that the former Article should not apply to nominations of Democratic candidates for county offices and members of the House of Representatives in Cherokee County, but that such candidates should be nominated by convention of the Democratic Party.

Session Laws 1961, c. 484, provided that the former Article should not apply to nominations of Republican candidates for county offices and members of the General Assembly in Cherokee County, but that such candidates should be nominated by convention of the Republican Party.

Session Laws 1953, c. 1069, as amended by Session Laws 1959, c. 238, made the former Article applicable to Watauga County.

Session Laws 1955, c. 439, to the extent provided, made the former Article applicable to Yancey County.

Session Laws 1955, c. 442, made the former Article applicable to the Counties of Avery, Madison, Mitchell and Yancey for the purpose of nominating Democratic candidates for the state Senate.

Local Modification to Former G.S. 163-129. - Avery: 1933, c. 327; 1935, c. 141; 1937, c. 263; Stanly: 1945, c. 958.

Session Laws 1971, c. 50, made the provisions of the primary laws as contained in this Chapter applicable to Yancey County, and repealed Session Laws 1955, cc. 439 and 442, insofar as they conflicted with the 1971 act.

Session Laws 1975, c. 246, provided that the provisions of the general primary laws of this Chapter should be applicable in Mitchell County for the purpose of nominating the candidates of the Republican Party for all county offices.

(As to this Chapter) Caswell: 1987 (Reg. Sess., 1988), c. 1016, ss. 5, 12; (As to this Chapter) Cumberland: 1991, c. 445; 1991 (Reg. Sess., 1992), c. 810; Tyrell: 1995, c. 69, s. 1; (As to this Chapter) city of Albemarle: 1987 (Reg. Sess., 1988), c. 881, s. 2; city of Clinton: 1989 (Reg. Sess., 1990), c. 886; town of Calabash: 1987, c. 468, s. 6; Grandfather Village: 1987, c. 549, s. 6.9; (As to this Chapter) Anson County Board of Commissioners: 1991 (Reg. Sess., 1992), c. 781 (but shall only be enforced as provided by Section 5 of the Voting Rights Act of 1965); Vance County Board of Education: 1987 (Reg. Sess., 1988), c. 974, ss. 3, 4.

Cross References. - As to election of members of county boards of education, see G.S. 115C-37.

As to election of executive officers of the State government, see G.S. 147-4.

Recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification, in consultation with the State Ethics Commission, the State Board of Elections, the Secretary of State, and the new Bipartisan State Board of Elections and Ethics Enforcement.

Session Laws 2016-125, ss. 1 and 2, 4th Ex. Sess., similarly recodified Chapters 120C, 138A, and 163 in a new Chapter. That new Chapter was designated as Chapter 138B, and headings for new Chapter 138B, Subchapter I, and Article 1 were enacted, along with new sections designated as G.S. 138B-1 through 138B-6. Due to a constitutional challenge to the provisions of Session Laws 2016-125, 4th Ex. Sess., the recodification was stayed and never went into effect. Session Laws 2017-6, s. 2, repealed Part I of 2016-125, 4th Ex. Sess., among which were the recodifying provisions in ss. 1 and 2.

Re-recodification of Former Chapter 163A Back into Chapters 163, 138A, and 120C. - Session Laws 2018-146, s. 3.1(a), effective January 31, 2019, provides: "The Revisor of Statutes is authorized to re-recodify Chapter 163A of the General Statutes back into Chapters 163, 138A, and 120C of the General Statutes. In preparing the re-recodified chapters, the Revisor of Statutes shall revert the changes made by the Revisor pursuant to Section 3 of S.L. 2017-6, except that after consultation with the appropriate agency staff, the Revisor may separate subsections of statutory sections that existed in the former Chapters into new sections and, when necessary to organize relevant law into its proper place in the re-recodified chapters, may rearrange sentences that appeared within those subsections. The Revisor shall also incorporate into the re-recodified chapters all amendments to Chapters 163, 163A, 138A, and 120C that became effective on or after April 25, 2017, other than those made by S.L. 2017-6 or by Part VIII of S.L. 2018-2."

Session Laws 2018-146, s. 6.1, provides: "Consistent with this act, when re-recodifying as directed under this act, the Revisor is authorized to change all references to the Bipartisan State Board of Elections and Ethics Enforcement to instead be references to the State Board of Elections, State Ethics Commission, or Secretary of State, as appropriate. The Revisor may modify statutory citations throughout the General Statutes, as appropriate, and may modify any references to statutory divisions, such as 'Chapter,' 'Subchapter,' 'Article,' 'Part,' 'section,' and 'subsection'; adjust the order of lists of multiple statutes to maintain statutory order; correct terms and conform names and titles changed by this act; eliminate duplicative references to the State Boards that result from the changes authorized by this section; and make conforming changes to catch lines and references to catch lines. The Revisor may also adjust subject and verb agreement and the placement of conjunctions. The Revisor shall consult with the Bipartisan State Board of Elections and Ethics Enforcement, the State Board of Elections, the State Ethics Commission, and the Secretary of State, as appropriate, on this recodification."

Editor's Note. - This section was recodified as now former G.S. 163A-700 by Session Laws 2017-6, s. 3. Former G.S. 163A-700 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1967, c. 775, which rewrote this Chapter, provided in s. 2 for the repeal of all laws and clauses of laws in conflict with the act, "except local and special acts relating to primaries and elections."

An amendment to this and other sections by Session Laws 1981, c. 504, ss. 11 to 13, was made effective upon certification of approval of the constitutional amendments proposed by ss. 1 to 3 of the act. The constitutional amendments were submitted to the people at an election held June 29, 1982, and were defeated. Therefore, the 1981 amendment to this section never went into effect.

Amendments to this and other sections by Session Laws 1985, c. 768 were made contingent on approval by the voters of the constitutional amendments proposed by c. 768. Since the proposed constitutional amendments were defeated by a vote of the people on May 6, 1986, the amendments to this section by Session Laws 1985, c. 768 never went into effect.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 5, effective January 1, 1995, and applicable to all primaries and elections occurring on or after that date, provides: "Wherever the term 'registrar' appears in Chapter 163 of the General Statutes, the term shall be changed to read 'chief judge'. "

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 1996, Second Extra Session, c. 9, s. 24, made the amendment thereby effective upon ratification, and applicable beginning with the 1996 elections, except that Sections 1 and 2 of that act shall be applied to the 1994 general election and the results of that election validated and confirmed under those sections. The Act was ratified August 2, 1996.

Subsection (d), added by Session Laws 2003-434, 1st Ex. Sess., s. 6, effective November 25, 2003, is applicable to any case pending on or after that date, to any case regardless of when the case was filed, and to any action of a court affecting the validity of an act apportioning or redistricting State legislative or congressional districts.

Session Laws 2018-21, s. 4, made the amendment of subsection (b) of this section by Session Laws 2018-21, s. 1, effective January 1, 2019, and applicable to even-year elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 12, effective July 26, 2004, added "and nonpartisan candidates as to offices elected under the provisions of Article 25 of this Chapter" at the end of subsection (b).

Session Laws 2005-425, s. 3.2, effective September 22, 2005, substituted "day in January next" for "Monday in December next" in the table entry for "Judges of the district courts."

Session Laws 2015-66, s. 3, effective June 11, 2015, inserted "Except as provided in Article 1A of chapter 7A of the General Statutes" at the beginning of the entry under the column titled "Date of Election" in the "Justices and Judges of the Appellate Division" row of the table.

Session Laws 2017-3, s. 2, effective with respect to primaries and elections held on or after January 1, 2018, deleted "and nonpartisan candidates as to offices elected under the provisions of Article 25 of this Chapter" at the end of subsection (b).

Session Laws 2018-21, s. 1, substituted "March" for "May" in subsection (b). For effective date and applicability, see editor's note.

Legal Periodicals. - For case law survey on elections, see 41 N.C.L. Rev. 433 (1963).

For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

§ 163-3. Special elections.

Special elections shall be called as permitted by law and conducted in accordance with G.S. 163-287.

History

(2013-381, s. 10.2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-701 by Session Laws 2017-6, s. 3. Former G.S. 163A-701 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§§ 163-4 through 163-7: Reserved for future codification purposes.

§ 163-8. Filling vacancies in State executive offices.

If the office of Governor or Lieutenant Governor shall become vacant, the provisions of G.S. 147-11.1 shall apply. If the office of any of the following officers shall be vacated by death, resignation, or otherwise than by expiration of term, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified: Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Each such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired four-year term: Provided, that when a vacancy occurs in any of the offices named in this section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office.

Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an acting officer to perform the duties of that office until a person is appointed or elected pursuant to this section and Article III, Section 7 of the State Constitution, to fill the vacancy and is qualified.

History

(1901, c. 89, ss. 4, 73; Rev., s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1983, c. 324, s. 1; 1985 (Reg. Sess., 1986), c. 920, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Cross References. - As to the constitutional amendments by Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, see N.C. Const., Art. III, § 7(3) and Art. IV, § 19.

Editor's Note. - This section was recodified as now former G.S. 163A-716 by Session Laws 2017-6, s. 3. Former G.S. 163A-716 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1985 (Reg. Sess., 1986), c. 920, s. 5, effective January 1, 1987, but only upon approval by the voters of the constitutional amendments set forth in Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, substituted "60 days" for "30 days" in the third sentence. The constitutional amendments were approved at the election held November 4, 1986.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-9. Filling vacancies in State and district judicial offices.

1. Vacancies occurring in the offices of Justice of the Supreme Court, judge of the Court of Appeals, and judge of the superior court for causes other than expiration of term shall be filled by appointment of the Governor. An appointee to the office of Justice of the Supreme Court or judge of the Court of Appeals shall hold office until January 1 next following the election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held for an eight-year term and until a successor is elected and qualified.
2. Except for judges specified in the next paragraph of this subsection, an appointee to the office of judge of superior court shall hold his place until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office.
   1. With only one resident judge; or
   2. In which no county is subject to section 5 of the Voting Rights Act of 1965,
3. When the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.
4. Vacancies in the office of district judge which occur before the expiration of a term shall not be filled by election. Vacancies in the office of district judge shall be filled in accordance with G.S. 7A-142.

Appointees for judges of the superior court from any district:

shall hold the office until the next election of members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill an eight-year term.

History

(1901, c. 89, ss. 4, 73; Rev. s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1969, c. 44, s. 81; 1979, c. 494; 1981, c. 763, s. 3; 1985 (Reg. Sess., 1986), c. 920, s. 6; 1995, c. 98, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 21; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Wake: 2015-4, s. 1(a).

Cross References. - As to the constitutional amendments by Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, see N.C. Const., Art. III, § 7(3) and Art. IV, § 19.

Editor's Note. - This section was recodified as now former G.S. 163A-717 by Session Laws 2017-6, s. 3. Former G.S. 163A-717 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1985 (Reg. Sess., 1986), c. 920, s. 6, effective January 1, 1987, but only upon approval by the voters of the constitutional amendments set forth in Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, substituted "60 days" for "30 days" in the second sentence of the first paragraph. The constitutional amendments were approved at the election held November 4, 1986.

Session Laws 1995, c. 98, s. 2, effective May 23, 1995, specified the terms of all duly elected judges of the Supreme Court and Judges of the Court of Appeals who were not already serving full eight year terms of office.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-10. Filling vacancy in office of district attorney.

Any vacancy occurring in the office of district attorney for causes other than expiration of term shall be filled by appointment of the Governor. An appointee shall hold his place until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office: Provided, that when the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.

History

(1901, c. 89, ss. 4, 73; Rev., s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1973, c. 47, s. 2; 1977, c. 265, s. 2; 1985 (Reg. Sess., 1986), c. 920, s. 7; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Cross References. - As to the constitutional amendments by Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, see N.C. Const., Art. III, § 7(3) and Art. IV, § 19.

Editor's Note. - This section was recodified as now former G.S. 163A-718 by Session Laws 2017-6, s. 3. Former G.S. 163A-718 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1985 (Reg. Sess., 1986), c. 920, s. 7, effective January 1, 1987, but only upon approval by the voters of the constitutional amendments set forth in Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, substituted "60 days" for "30 days" in the second sentence. The constitutional amendments were approved at the election held November 4, 1986.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-11. Filling vacancies in the General Assembly.

1. If a vacancy shall occur in the General Assembly by death, resignation, or otherwise than by expiration of term, the Governor shall immediately appoint for the unexpired part of the term the person recommended by the political party executive committee provided by this section. The Governor shall make the appointment within seven days of receiving the recommendation of the appropriate committee. If the Governor fails to make the appointment within the required period, he shall be presumed to have made the appointment and the legislative body to which the appointee was recommended is directed to seat the appointee as a member in good standing for the duration of the unexpired term.
2. If the district consists solely of one county and includes all of that county, the Governor shall appoint the person recommended by the county executive committee of the political party with which the vacating member was affiliated when elected, it being the party executive committee of the county which the vacating member was resident.
3. If the district consists solely of one county but includes less than all of the county, the Governor shall appoint the person recommended by the county executive committee of the political party with which the vacating member was affiliated when elected, it being the county executive committee of the county which the vacating member was resident, provided that in voting only those county executive committee members who reside in the district shall be eligible to vote.
4. If the district consists of more than one county, the Governor shall appoint for the unexpired portion of the term the person recommended by the State House of Representatives district committee or the Senatorial district committee of the political party with which the vacating member was affiliated when elected. In the case where all of a county is included within a district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the State House of Representatives district executive committee or State Senatorial district executive committee. In the case where only part of a county is included within a district, the county convention or county executive committee of that political party shall elect or appoint at least one member from that county to serve on the State House of Representatives district committee or the State Senatorial district committee, but only the delegates to the county convention or the members of the county executive committee who reside in the district may vote in electing the district committee member. When the State House of Representatives district committee or the State Senatorial district committee meets, a member shall be entitled to cast for his county (or the part of his county within the district) one vote for each 300 persons or major fraction thereof residing within that county, or in the case where less than the whole county is in the district one vote for each 300 persons or major fraction thereof residing in that part of the district within the county.
5. No person is eligible for appointment to fill a vacancy in the Senate or the House of Representatives under this section, unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment. This section is intended to implement the provisions of Section 8 of Article VI of the Constitution.

A county convention or county executive committee may elect more than one member to the district committee but in the event that more than one member is selected from that county, then each member shall cast an equal share of the votes allotted to the county.

History

(1901, c. 89, s. 74; Rev., s. 4298; C.S., s. 5919; 1947, c. 505, s. 1; 1953, c. 1191, s. 1; 1967, c. 775, s. 1; 1973, c. 35; 1981 (Reg. Sess., 1982), c. 1265, s. 3; 2007-391, s. 27(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-719 by Session Laws 2017-6, s. 3. Former G.S. 163A-719 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 27(b), effective August 19, 2007, and applicable only to appointments made on or after that date, added subsection (e).

§ 163-12. Filling vacancy in United States Senate.

Whenever there shall be a vacancy in the office of United States Senator from this State, whether caused by death, resignation, or otherwise than by expiration of term, the Governor shall appoint to fill the vacancy until an election shall be held to fill the office. If the Senator was elected as the nominee of a political party, the Governor shall appoint from a list of three persons recommended by the State executive committee of the political party with which the vacating member was affiliated when elected if that party executive committee makes recommendations within 30 days of the occurrence of the vacancy. The Governor shall issue a writ for the election of a Senator to be held at the time of the first election for members of the General Assembly that is held more than 60 days after the vacancy occurs. The person elected shall hold the office for the remainder of the unexpired term. The election shall take effect from the date of the canvassing of the returns.

History

(1913, c. 114, ss. 1, 2; C.S., ss. 6002, 6003; 1929, c. 12, s. 2; 1955, c. 871, s. 6; 1967, c. 775, s. 1; 1985, c. 759, s. 2; 2013-381, s. 8.1; 2017-6, s. 3; 2018-102, s. 1; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-720 by Session Laws 2017-6, s. 3. Former G.S. 163A-720 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-102, s. 2, made the amendment of this section by Session Laws 2018-102, s. 1, effective June 26, 2018, and applicable to vacancies filled on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 8.1, effective January 1, 2014, added the second sentence, and substituted "a" for "his" following "shall issue" in the third sentence.

Session Laws 2018-102, s.1, rewrote the second sentence of this section. For effective date and applicability, see editor's note.

Legal Periodicals. - For article, "Rediscovering the Sovereignty of the People: the Case for Senate Districts," see 75 N.C.L. Rev. 1 (1996).

§ 163-13. Filling vacancy in United States House of Representatives.

1. Special Election. - If at any time after expiration of any Congress and before another election, or if at any time after an election, there shall be a vacancy in this State's representation in the House of Representatives of the United States Congress, the Governor shall issue a writ of election, and by proclamation fix the date on which an election to fill the vacancy shall be held in the appropriate congressional district.
2. Nominating Procedures. - If a congressional vacancy occurs beginning on the tenth day before the filing period ends under G.S. 163-106(c) preceding the next succeeding general election, candidates for the special election to fill the vacancy shall not be nominated in primaries. Instead, nominations may be made by the political party congressional district executive committees in the district in which the vacancy occurs. The chairman and secretary of each political party congressional district executive committee nominating a candidate shall immediately certify his name and party affiliation to the State Board  so that it may be printed on the special election ballots.

If the congressional vacancy occurs before the tenth day before the filing period ends under G.S. 163-106(c) prior to the next succeeding general election, the Governor shall call a special primary for the purpose of nominating candidates to be voted on in a special election called by the Governor in accordance with the provisions of subsection (a) of this section. Such a primary election shall be conducted in accordance with the general laws governing primaries, except that the opening and closing dates for filing notices of candidacy with the State Board shall be fixed by the Governor in his call for the special primary. The Governor may also fix the absentee voting period for the special election and for the special first primary, but such period shall not be less than 30 days.

History

(1901, c. 89, s. 60; Rev., s. 4369; C.S., s. 6007; 1947, c. 505, s. 5; 1967, c. 775, s. 1; 1985, c. 759, ss. 3-5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-721 by Session Laws 2017-6, s. 3. Former G.S. 163A-721 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§§ 163-14 through 163-18: Reserved for future codification purposes.

SUBCHAPTER 02. ELECTION OFFICERS.

§ 163-19. State Board of Elections; appointment; term of office; vacancies; oath of office.

1. There is established the State Board of Elections, which may be referred to as the "State Board" in this Chapter.
2. The State Board of Elections shall consist of five registered voters whose terms of office shall begin on May 1, 2019, and shall continue for four years, and until their successors are appointed and qualified. The Governor shall appoint the members of the State Board and likewise shall appoint their successors every four years at the expiration of each four-year term. Not more than three members of the State Board shall be members of the same political party. The Governor shall appoint the members from a list of nominees submitted to the Governor by the State party chair of each of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board. Each party chair shall submit a list of four nominees who are affiliated with that political party. No person may serve more than two consecutive four-year terms.
3. Any vacancy occurring in the State Board shall be filled by the Governor, and the person so appointed shall fill the unexpired term. The Governor shall fill the vacancy from a list of three nominees submitted to the Governor by the State party chair of the political party that nominated the vacating member as provided in subsection (b) of this section. The three nominees must be affiliated with that political party.
4. At the first meeting held after new appointments are made, the members of the State Board shall take the following oath:
5. After taking the prescribed oath, the State Board shall organize by electing one of its members chair and another secretary.
6. No person shall be eligible to serve as a member of the State Board who:
   1. Holds any elective or appointive office under the government of the United States, the State of North Carolina, or any political subdivision thereof.
   2. Is a candidate for nomination or election to any office.
   3. Holds any office in a political party or organization.
   4. Is a campaign manager or treasurer of any candidate in a primary or election.
   5. Is currently an employee of the State, a community college, or a local school administrative unit.
   6. Within the 48 months prior to appointment, has held any of the following positions with an organization that has engaged in electioneering in those 48 months:
      1. Director, officer, or governing board member.
      2. Employee.
      3. Lobbyist registered under Chapter 120C of the General Statutes.
      4. Independent contractor.
      5. Legal counsel of record.
7. No person while serving on the State Board shall:
   1. Make a reportable contribution to a candidate for a public office over which the State Board would have jurisdiction or authority.
   2. Register as a lobbyist under Chapter 120C of the General Statutes.
   3. Make written or oral statements intended for general distribution or dissemination to the public at large supporting or opposing the nomination or election of one or more clearly identified candidates for public office.
   4. Make written or oral statements intended for general distribution or dissemination to the public at large supporting or opposing the passage of one or more clearly identified referendum or ballot issue proposals.
   5. Solicit contributions for a candidate, political committee, or referendum committee.
   6. Serve as a member of any other State board, as defined in G.S. 138A-3.

"I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain, and defend the Constitution of said State, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me God."

History

(1901, c. 89, ss. 5, 7; Rev., ss. 2760, 4300, 4301; C.S., ss. 5921, 5922; 1933, c. 165, s. 1; 1953, c. 428; 1967, c. 775, s. 1; 1975, c. 286; 1985, c. 62, ss. 1, 1.1; 2005-276, s. 23A.3; 2006-262, s. 4.2; 2013-381, s. 45.1(a); 2017-6, ss. 4(c), 7(a); 2018-2, s. 8(b); 2018-13, s. 5; 2018-146, ss. 3.1(a)-(c), 3.2(a).)

Implement the North Carolina Supreme Court's Holding in Cooper v. Berger by Giving the Governor Increased Control Over the Bipartisan State Board of Elections and Ethics Enforcement. - Session Laws 2018-2, s. 8(a), provides: "The General Assembly finds that the legislative intent in the enactment of S.L. 2017-6 and establishment of the Bipartisan State Board of Elections and Ethics Enforcement was to continue the practice of having an independent, quasi-judicial body for elections and ethics enforcement for the State and consolidate those bodies under a single entity. The General Assembly finds that the entity enforcing these laws must have sufficient distance from political interference due to the potential for abuse of oversight of elections and ethics investigations for partisan purposes. The General Assembly further finds that appointment of a State Board member who is not affiliated with the two largest political parties will foster nonpartisan decision-making by the State Board. As such, by amending the section of the General Statutes establishing the membership of the State Board enacted in S.L. 2017-6, the purpose of this legislation is to implement the decision of the North Carolina Supreme Court on January 26, 2018, in Cooper v. Berger (No. 52PA17-2) to give the Governor executive control over the Bipartisan State Board of Elections and Ethics Enforcement and to provide for representation on the State Board by unaffiliated and third-party voters."

Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(a) of that act.

Editor's Note. - This section was repealed by Session Laws 2017-6, s. 7(a), with similar provisions recodified at now former G.S. 163A-2 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-2 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.2(a), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified.

Session Laws 2017-6, s. 22, made this section effective May 1, 2017.

Session Laws 2017-6, s. 9, provides: "Notwithstanding G.S. 163A-2, as enacted by Section 4 of this act, the chairs of the two political parties shall submit a list of names to the Governor on or before April 20, 2017, and the Governor shall make appointments from those lists no later than May 1, 2017. The State chairs of the two political parties shall not nominate, and the Governor shall not appoint, any individual who has served two or more full consecutive terms on the State Board of Elections or State Ethics Commission, as of April 30, 2017." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 9, effective January 31, 2019.

Session Laws 2017-6, s. 10, provides: "Notwithstanding G.S. 163A-2(f) and (g), as enacted by Section 4 of this act, the Governor shall appoint a member of the State Board to serve as chair, a member to serve as vice-chair, and a member to serve as secretary of the State Board until its first meeting in May 2019, at which time the State Board shall select it a chair and vice-chair in accordance with G.S. 163A-2(f) and select a secretary in accordance with G.S. 163A-2(g)." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 10, effective January 31, 2019.

Session Laws 2018-2, s. 8(b), effective March 16, 2018, rewrote the section. Subsequently, Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(b) of that act.

Session Laws 2018-2, s. 8(c), provides: "Notwithstanding G.S. 163A-2, members appointed to the Bipartisan State Board of Elections and Ethics Enforcement in 2018 shall serve a term of office beginning March 1, 2018, and expiring April 30, 2019, and the State Board shall hold its first meeting in March 2018." Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(c) of that act.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made the amendment of this section by Session Laws 2018-13, s. 5, effective June 20, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.4(a)-(d), provides: "(a) The authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the ethics compliance and enforcement functions of the Bipartisan State Board of Elections and Ethics Enforcement are transferred as a Type II transfer to the State Ethics Commission as re-recodified in this act. Specifically, the following positions shall be transferred: Administrative Assistant III (Position 60088563), Attorney Supervisor I (Position 60088564), Office Assistant V (Position 60088565), Administrative Assistant II (Position 60088566), Attorney II (Position 60088567), Administrative Assistant II (Position 60088568), Attorney II (Position 60088570), Disclosure Manager (Position 65012029), Compliance Analyst I (Position 65012032), and Compliance Analyst I (Position 65019901).

"(b) The authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the lobbying registration and lobbying enforcement functions of the Bipartisan State Board of Elections and Ethics Enforcement are transferred as a Type I transfer to the Secretary of State as re-recodified in this act. Specifically, the following positions shall be transferred: Administrative Assistant II (Position 60088203), Administrative Assistant II (Position 60088204), Administrative Assistant II (Position 60088218), Attorney II (Position 60008800), and Administrative Specialist II (Position 60008803).

"(c) The authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the elections and campaign finance functions of the Bipartisan State Board of Elections and Ethics Enforcement are transferred as a Type II transfer to the State Board of Elections as re-recodified in this act. Specifically, the following positions shall be transferred: Executive Director (Position 60088197), Elections Investigator (Position 60088201), Senior Elections Specialist (Position 60088207), Director of Election Operations (Position 60088209), Associate General Counsel, Elections (Position 60088211), Elections Support Technician (Position 60088212), Auditor (Position 60088199), Deputy Director/Chief Operating Officer (Position 60088200), Compliance and Disclosure Manager (Position 60088205), Elections Specialist (Position 60088206), Office Assistant III (Position 60088215), Business And Technology Applic Tech (Position 60088232), Auditor (Position 60088252), Auditor (Position 60088254), Elections Specialist III (Position 60088256), Elections Specialist III (Position 60088257), Chief Investigator (Position 60088259), Accounting and HR Specialist (Position 65005659), Auditor (Position 65005661), HR Director (Position 65005663), Senior Elections Investigator (Position 65022162), Elections Investigator (Position 65022163), Elections Investigator (Position 65022164), Agency General Counsel (Position 60088198), Software Tester (Position 60088202), Elections Specialist I (Position 60088208), Disclosure Specialist (Position 60088213), Software Tester (Position 60088216), Auditor (Position 60088217), Information Technology Director (Position 60088219), Database Administrator (Position 60088220), Senior Business System Analyst (Position 60088221), Business And Technology Applic Tech (Position 60088222), Business And Technology Applic Tech (Position 60088223), Business And Technology Applic Tech (Position 60088224), Operations Analyst (Position 60088227), Senior Elections Specialist (Position 60088228), Elections Systems Specialist (Position 60088229), Business And Technology Applic Analyst (Position 60088233), Database Administrator (Position 60088234), Business And Technology Applic Analyst (Position 60088235), Systems Program Analyst (Position 60088237), Elections Systems Specialist (Position 60088239), Elections Systems Specialist (Position 60088240), Information Technology Manager (Position 60088241), Information Technology Manager (Position 60088242), GIS Specialist (Position 65005664), Elections Systems Specialist (Position 65005665), Software Lead Developer (Position 65021730), Systems/Programmer Analyst (Position 65021731), Public Information Officer (Position 65020532), Chief Learning Officer (Position 65020533), Elections Specialist I (Position 65020534), Elections Specialist I (Position 65020535), Elections Specialist I (Position 65020536), Deputy General Counsel (Position 65021570), Chief Data Officer (Position 65021571), Administrative Specialist II (Position 60008801), Administrative Specialist II (Position 60008802), Executive Assistant (Position 60008806), Attorney II (Position 60088571), Attorney II (Position 65005579), Compliance Analyst I (Position 65012030), Voting Systems Manager (Position 65019619), Advanced Data Analyst (Position 65027807), Advanced Data Analyst (Position 65027808), and Chief Information Security Officer (Position 65027809).

"(d) The Director of the Budget shall resolve any disputes arising out of the transfers provided for in this section."

Session Laws 2018-146, s. 3.5(a)-(e), provides: "(a) Any previous assignment of duties of a quasi-legislative or quasi-judicial nature by the Governor or General Assembly to the agencies or functions transferred by this act shall have continued validity with the transfer under this act. Except as otherwise specifically provided in this act, each enumerated commission, board, or other function of State government transferred from the Bipartisan State Board of Elections and Ethics Enforcement, as created in S.L. 2017-6 and S.L. 2018-2, is a continuation of the former entity for purposes of succession to all the rights, powers, duties, and obligations of the former. Where the Bipartisan State Board of Elections and Ethics Enforcement is referred to by law, contract, or other document in lieu of the former entities, as re-recodified in this act, the former entity, as re-recodified by this act, is charged with exercising the functions of the former named entity.

"(b) No action or proceeding pending on January 31, 2019, brought by or against the Bipartisan State Board of Elections and Ethics Enforcement shall be affected by any provision of this act, but the same may be prosecuted or defended in the name of the Secretary of State regarding the lobbyist registration and lobbying enforcement of the Secretary of State, the State Board of Elections, or the State Ethics Commission, as re-recodified in this act. In these actions and proceedings, the former entity, as re-recodified by this act, as appropriate, shall be substituted as a party upon proper application to the courts or other administrative or quasi-judicial bodies.

"Any business or other matter undertaken or commanded by any State program or office or contract transferred by this act to the former entity, as re-recodified by this act, pertaining to or connected with the functions, powers, obligations, and duties set forth herein, which is pending on January 31, 2019, may be conducted and completed by the former entity, as re-recodified by this act, in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the Bipartisan State Board of Elections and Ethics Enforcement.

"(c) The reorganization provided for under this act shall not affect any ongoing investigation or audit. Any ongoing hearing or other proceeding before the Bipartisan State Board of Elections and Ethics Enforcement on January 31, 2019, shall be transferred to the former entity, as re-recodified by this act, on January 31, 2019. Prosecutions for offenses or violations committed before January 31, 2019, are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

"(d) Rules adopted by the Bipartisan State Board of Elections and Ethics Enforcement shall remain in effect as provided in G.S. 150B-21.7. Policies, procedures, and guidance shall remain in effect until amended or repealed by the appropriate former entity, as re-recodified by this act. The list of covered boards adopted by the State Ethics Commission under G.S. 138A-11 as of December 31, 2016, as amended by the Bipartisan State Board of Elections and Ethics Enforcement, shall continue in effect until amended or repealed by the former entity, as re-recodified by this act.

"(e) Any evaluation of a statement of economic interest issued by the Bipartisan State Board of Elections and Ethics Enforcement pursuant to Article 6 of Chapter 163A of the General Statutes in 2017 or 2018 shall remain in effect until amended or repealed by the former entity, as re-recodified by this act."

Session Laws 2018-146, s. 6.2(a), provides: "Notwithstanding G.S. 163-19, 163-30, and 138A-7, as re-recodified by this act, appointments to the State Board of Elections, county boards of elections, and State Ethics Commission shall be made as soon as possible upon enactment of this act, and no further appointments shall be required in 2019, other than to fill vacancies as may occur. The requirements of G.S. 163-19(f)(5) shall not apply to any member of the Bipartisan State Board of Elections and Ethics Enforcement serving on the effective date of this act who is appointed to the State Board of Elections in 2019. In making appointments to the State Board of Elections and State Ethics Commission, any service on the Bipartisan State Board of Elections and Ethics Enforcement shall be considered service for purposes of consecutive terms."

Effect of Amendments. - Session Laws 2018-13, s. 5, effective June 5, 2018, rewrote the section. For effective date and applicability, see editor's note.

Session Laws 2018-146, s. 3.2(a), effective January 31, 2019, rewrote the section.

§ 163-20. Meetings of Board; quorum; minutes.

1. Call of meeting. - The State Board of Elections shall meet at the call of the chairman whenever necessary to discharge the duties and functions imposed upon it by this Chapter. The chairman shall call a meeting of the Board upon the written application or applications of any two members thereof. If there is no chairman, or if the chairman does not call a meeting within three days after receiving a written request or requests from two members, any three members of the Board shall have power to call a meeting of the Board, and any duties imposed or powers conferred on the Board by this Chapter may be performed or exercised at that meeting, although the time for performing or exercising the same prescribed by this Chapter may have expired.
2. Place of Meeting. - Except as provided in subsection (c), below, the State Board of Elections shall meet in its offices in the City of Raleigh, or at another place in Raleigh to be designated by the chairman. However, subject to the limitation imposed by subsection (c), below, upon the prior written request of any four members, the State Board of Elections shall meet at any other place in the State designated by the four members.
3. Meetings to Investigate Alleged Violations of This Chapter. - When called upon to investigate or hear sworn alleged violations of this Chapter, the State Board of Elections shall meet and hear the matter in the county in which the violations are alleged to have occurred.
4. Quorum. - A majority of the members constitutes a quorum for the transaction of business by the State Board of Elections. If any member of the Board fails to attend a meeting, and by reason thereof there is no quorum, the members present shall adjourn from day to day for not more than three days, by the end of which time, if there is no quorum, the Governor may summarily remove any member failing to attend and appoint his successor.
5. Minutes. - The State Board of Elections shall keep minutes recording all proceedings and findings at each of its meetings. The minutes shall be recorded in a book which shall be kept in the office of the State Board in Raleigh.

History

(1901, c. 89, s. 7; Rev., ss. 2760, 4301, 4302; C.S., ss. 5922, 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 3; c. 1223, s. 1; 2016-125, 4th Ex. Sess., s. 5(b); 2017-6, ss. 2, 3, 7(b); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-740 by Session Laws 2017-6, s. 3. Former G.S. 163A-740 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2017-6, s. 2 repealed Part 1 of Session Laws 2016-125, 4th Ex. Sess., including s. 5(b), which had amended this section.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, ss. 3 and 7(b), which had amended this section. Session Laws 2017-6, s. 3, had recodified this section. Session Laws 2017-6, s. 7(b), had deleted "of Elections" following "the State Board" throughout the section; deleted subsection (a), in the second sentence of subsection (b) substituted "a majority of its members" for "any four members" and "the four members", and deleted subsection (d).

§ 163-21. Compensation of Board members.

Members of the State Board shall receive per diem, subsistence, and travel, as provided in G.S. 138-5 and G.S. 138-6.

History

(1901, c. 89, s. 7; Rev., ss. 2760, 4301; C.S., s. 5922; 1933, c. 165, s. 1; 1967, c. 775, s. 1; 2017-6, ss. 4(c), 7(c); 2018-2, s. 8(b); 2018-13, s. 5; 2018-146, ss. 3.1(a)-(c), 3.2(b).)

Implement the North Carolina Supreme Court's Holding in Cooper v. Berger by Giving the Governor Increased Control Over the Bipartisan State Board of Elections and Ethics Enforcement. - Session Laws 2018-2, s. 8(a), provides: "The General Assembly finds that the legislative intent in the enactment of S.L. 2017-6 and establishment of the Bipartisan State Board of Elections and Ethics Enforcement was to continue the practice of having an independent, quasi-judicial body for elections and ethics enforcement for the State and consolidate those bodies under a single entity. The General Assembly finds that the entity enforcing these laws must have sufficient distance from political interference due to the potential for abuse of oversight of elections and ethics investigations for partisan purposes. The General Assembly further finds that appointment of a State Board member who is not affiliated with the two largest political parties will foster nonpartisan decision-making by the State Board. As such, by amending the section of the General Statutes establishing the membership of the State Board enacted in S.L. 2017-6, the purpose of this legislation is to implement the decision of the North Carolina Supreme Court on January 26, 2018, in Cooper v. Berger (No. 52PA17-2) to give the Governor executive control over the Bipartisan State Board of Elections and Ethics Enforcement and to provide for representation on the State Board by unaffiliated and third-party voters."

Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(a) of that act.

Editor's Note. - This section was repealed by Session Laws 2017-6, s. 7(c), with similar provisions recodified at now former G.S. 163A-2 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-2 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.2(b), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified.

Session Laws 2017-6, s. 22, made this section effective May 1, 2017.

Session Laws 2017-6, s. 9, provides: "Notwithstanding G.S. 163A-2, as enacted by Section 4 of this act, the chairs of the two political parties shall submit a list of names to the Governor on or before April 20, 2017, and the Governor shall make appointments from those lists no later than May 1, 2017. The State chairs of the two political parties shall not nominate, and the Governor shall not appoint, any individual who has served two or more full consecutive terms on the State Board of Elections or State Ethics Commission, as of April 30, 2017." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 9, effective January 31, 2019.

Session Laws 2017-6, s. 10, provides: "Notwithstanding G.S. 163A-2(f) and (g), as enacted by Section 4 of this act, the Governor shall appoint a member of the State Board to serve as chair, a member to serve as vice-chair, and a member to serve as secretary of the State Board until its first meeting in May 2019, at which time the State Board shall select it a chair and vice-chair in accordance with G.S. 163A-2(f) and select a secretary in accordance with G.S. 163A-2(g)." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 10, effective January 31, 2019.

Session Laws 2018-2, s. 8(b), effective March 16, 2018, rewrote the section. Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(b) of that act.

Session Laws 2018-2, s. 8(c), provides: "Notwithstanding G.S. 163A-2, members appointed to the Bipartisan State Board of Elections and Ethics Enforcement in 2018 shall serve a term of office beginning March 1, 2018, and expiring April 30, 2019, and the State Board shall hold its first meeting in March 2018." Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(c) of that act.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made the amendment of this section by Session Laws 2018-13, s. 5, effective June 20, 2018, and applicable to elections held on or after that date.

Effect of Amendments. - Session Laws 2018-2, s. 8(b), effective March 16, 2018, rewrote the section.

Session Laws 2018-13, s. 5, rewrote the section. For effective date and applicability, see editor's note.

§ 163-22. Powers and duties of State Board of Elections.

1. The State Board of Elections shall have general supervision over the primaries and elections in the State, and it shall have authority to make such reasonable rules and regulations with respect to the conduct of primaries and elections as it may deem advisable so long as they do not conflict with any provisions of this Chapter.
2. From time to time, the State Board shall publish and furnish to the county boards of elections and other election officials a sufficient number of indexed copies of all election laws and State Board rules and regulations then in force. It shall also publish, issue, and distribute to the electorate such materials explanatory of primary and election laws and procedures as the State Board shall deem necessary.
3. The State Board of Elections shall appoint, in the manner provided by law, all members of the county boards of elections and advise them as to the proper methods of conducting primaries and elections. The State Board shall require such reports from the county boards and election officers as are provided by law, or as are deemed necessary by the State Board, and shall compel observance of the requirements of the election laws by county boards of elections and other election officers. In performing these duties, the State Board shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a county board of elections to comply with any part of the election laws imposing duties upon such a board. The State Board of Elections shall have power to remove from office any member of a county board of elections for incompetency, neglect or failure to perform duties, fraud, or for any other satisfactory cause. Before exercising this power, the State Board shall notify the county board member affected and give that member an opportunity to be heard. When any county board member shall be removed by the State Board of Elections, the vacancy occurring shall be filled by the State Board of Elections.
4. The State Board of Elections shall investigate when necessary or advisable, the administration of election laws, frauds and irregularities in elections in any county and municipality and special district, and shall report violations of the election laws to the Attorney General or district attorney or prosecutor of the district for further investigation and prosecution.
5. The State Board of Elections shall determine, in the manner provided by law, the form and content of ballots, instruction sheets, pollbooks, tally sheets, abstract and return forms, certificates of election, and other forms to be used in primaries and elections. The State Board shall furnish to the county boards of elections the registration application forms required pursuant to G.S. 163-82.3. The State Board of Elections shall direct the county boards of elections to purchase a sufficient quantity of all forms attendant to the registration and elections process. In addition, the State Board shall provide a source of supply from which the county boards of elections may purchase the quantity of pollbooks needed for the execution of its responsibilities. In the preparation of ballots, pollbooks, abstract and return forms, and all other forms, the State Board of Elections may call to its aid the Attorney General of the State, and it shall be the duty of the Attorney General to advise and aid in the preparation of these books, ballots and forms.
6. The State Board of Elections shall prepare, print, distribute to the county boards of elections all ballots for use in any primary or election held in the State which the law provides shall be printed and furnished by the State to the counties. The State Board shall instruct the county boards of elections as to the printing of county and local ballots.
7. The State Board of Elections shall certify to the appropriate county boards of elections the names of candidates for district offices who have filed notice of candidacy with the State Board and whose names are required to be printed on county ballots.
8. It shall be the duty of the State Board of Elections to tabulate the primary and election returns, to declare the results, and to prepare abstracts of the votes cast in each county in the State for offices which, according to law, shall be tabulated by the State Board.
9. The State Board of Elections shall make recommendations to the Governor and legislature relative to the conduct and administration of the primaries and elections in the State as it may deem advisable.
10. Notwithstanding the provisions of any other section of this Chapter, the State Board of Elections is empowered to have access to any ballot boxes and their contents, any voting machines and their contents, any registration records, pollbooks, voter authorization cards or voter lists, any lists of absentee voters, any lists of presidential registrants under the Voting Rights Act of 1965 as amended, and any other voting equipment or similar records, books or lists in any precinct, county, municipality or electoral district over whose elections it has jurisdiction or for whose elections it has responsibility.
11. Notwithstanding G.S. 153A-98 or any other provision of law, all officers, employees, and agents of a county board of elections are required to give to the State Board of Elections, upon request, all information, documents, and data within their possession, or ascertainable from their records, including any internal investigation or personnel documentation and are required to make available, upon request pursuant to an investigation under subsection (d) of this section, any county board employee for interview and to produce any equipment, hardware, or software for inspection. These requirements are mandatory and shall be timely complied with as specified in a request made by any four members of the State Board.
12. Notwithstanding the provisions contained in Article 20 or Article 21A of Chapter 163 the State Board of Elections shall be authorized, by resolution adopted prior to the printing of the primary ballots, to reduce the time by which absentee ballots are required to be printed and distributed for the primary election from 50 days to 45 days. This authority shall not be authorized for absentee ballots to be voted in the general election, except if the law requires ballots to be available for mailing 60 days before the general election, and they are not ready by that date, the State Board of Elections shall allow the counties to mail them out as soon as they are available.
13. Notwithstanding any other provision of law, in order to obtain judicial review of any decision of the State Board of Elections rendered in the performance of its duties or in the exercise of its powers under this Chapter, the person seeking review must file his petition in the Superior Court of Wake County.
14. The State Board of Elections shall provide specific training to county boards of elections regarding rules for registering students.
15. The State Board of Elections shall promulgate minimum requirements for the number of pollbooks, voting machines and curbside ballots to be available at each precinct, such that more of such will be available at general elections and a sufficient number will be available to allow voting without excessive delay. The State Board of Elections shall provide for a training and screening program for chief judges and judges. The State Board shall provide additional testing of voting machines to ensure that they operate properly even with complicated ballots.
16. The State Board of Elections shall require counties with voting systems to have sufficient personnel available on election day with technical expertise to make repairs in such equipment, to investigate election day problems, and assist in curbside voting.
17. The State Board of Elections 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 163 of the General Statutes.
18. The State Board of Elections may assign responsibility for enumerated administrative matters to the Executive Director by resolution, if that resolution provides a process for the State Board to review any administrative decision made by the Executive Director.
19. Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under G.S. 120-2.4 or a plan enacted by the General Assembly.
20. Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting districts for a unit of local government other than a plan imposed by a court, a plan enacted by the General Assembly, or a plan adopted by the appropriate unit of local government under statutory or local act authority.

History

(1901, c. 89, ss. 7, 11; Rev., ss. 4302, 4305; 1913, c. 138; C.S., ss. 5923, 5926; 1921, c. 181, s. 1; 1923, c. 196; 1933, c. 165, ss. 1, 2; 1945, c. 982; 1953, c. 410, s. 2; 1967, c. 775, s. 1; 1973, c. 47, s. 2; c. 793, s. 2; 1975, c. 19, s. 65; 1977, c. 661, s. 6; 1979, c. 411, s. 1; 1981, c. 556; 1985 (Reg. Sess., 1986), c. 986, ss. 2, 3; 1987, c. 485, ss. 2, 5; c. 509, s. 9; c. 642, s. 3; 1989, c. 635, s. 5; 1991, c. 727, ss. 5.2, 7; 1993 (Reg. Sess., 1994), c. 762, s. 12; 1995, c. 509, s. 114; 1999-424, s. 7(a); 2001-398, s. 4; 2009-537, s. 10; 2009-541, s. 1; 2011-31, s. 15; 2011-182, s. 3; 2016-125, 4th Ex. Sess., s. 20(b); 2017-6, s. 3; 2018-13, s. 3.2(a), (b); 2018-144, s. 1.4A; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-741 by Session Laws 2017-6, s. 3. Former G.S. 163A-741 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Section 4 of Session Laws 1985 (Reg. Sess., 1986), c. 986, provided that ss. 2 and 3 thereof, which amended subsection (k), would expire with respect to primaries and elections held on or after December 31, 1986.

Session Laws 1985 (Reg. Sess., 1986), c. 987, ss. 2, 3 made the same changes to this section as c. 986, but was only to become effective if the U.S. Attorney General interposed objection to Session Laws 1985 (Reg. Sess., 1986), c. 986 as to the fact that such bill provided for designating vacancies for all unexpired terms separately from full terms. Chapter 987 also provided that the act would expire with respect to primaries and elections held on or after December 31, 1986. Objection to c. 986 was not made. Moreover, Session Laws 1987, c. 509, s. 9 repealed Session Laws 1985 (Reg. Sess., 1986), c. 987. Therefore, c. 987 never went into effect.

Session Laws 2010-169, s. 8, provides: "In order to foster and facilitate transparency of information relating to political campaigns, the State Board of Elections shall create an easily searchable database to provide any member of the public with access to the database to search by geographic location, occupation, employer, contributor, or contributee, within an election cycle and over a period of time as specified by the searcher of any report filed by a political committee or referendum committee under Article 22A of Chapter 163 of the General Statutes with the State Board of Elections."

Session Laws 2016-125, s. 25, 4th Ex. Sess., is a severability clause.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made subsection (j1) of this section, as added by Session Laws 2018-13, s. 3.2(a), effective June 20, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Effect of Amendments. - Session Laws 2009-541, s. 1, effective August 28, 2009, redesignated the former last paragraph of the section as present subsection (p) and added subsection (q).

Session Laws 2011-31, s. 15, effective April 7, 2011, substituted "county boards" for "county and municipal boards" and "county board" for "county or municipal board" throughout subsections (b), (c) and (f); and in subsection (c), in the first sentence, deleted "and municipal elections board members" following "advise them," in the fifth sentence, substituted "and give that member" for "and give him," and deleted the former last sentence, which read: "When any municipal board member shall be removed by the State Board of Elections, the vacancy occurring shall be filled by the city council of the city appointing members of that board."

Session Laws 2011-182, s. 3, effective January 1, 2012, substituted "Article 21A" for "Article 21" in the first sentence of subsection (k).

Session Laws 2016-125, 4th Ex. Sess., s. 20(b), effective December 16, 2016, added subsections (q) and (r).

Session Laws 2018-13, s. 3.2(a), added subsection (j1). For effective date and applicability, see editor's note.

Session Laws 2018-144, s. 1.4A, effective December 19, 2018, added subsection (o1).

§ 163-22.2. Power of State Board to promulgate temporary rules and regulations.

In the event any portion of Chapter 163 of the General Statutes or any State election law or form of election of any county board of commissioners, local board of education, or city officer is held unconstitutional or invalid by a State or federal court or is unenforceable because of objection interposed by the United States Justice Department under the Voting Rights Act of 1965 and such ruling adversely affects the conduct and holding of any pending primary or election, the State Board of Elections shall have authority to make reasonable interim rules and regulations with respect to the pending primary or election as it deems advisable so long as they do not conflict with any provisions of this Chapter 163 of the General Statutes and such rules and regulations shall become null and void 60 days after the convening of the next regular session of the General Assembly. The State Board of Elections shall also be authorized, upon recommendation of the Attorney General, to enter into agreement with the courts in lieu of protracted litigation until such time as the General Assembly convenes.

History

(1981, c. 741; 1982, 2nd Ex. Sess., c. 3, s. 19.1; c. 1265, ss. 1, 2; 1985, c. 563, s. 15; 1986, Ex. Sess., c. 3, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-742 by Session Laws 2017-6, s. 3. Former G.S. 163A-742 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-22.3. State Board of Elections littering notification.

At the time an individual files with the State Board of Elections a notice of candidacy pursuant to G.S. 163-106, 163-112, 163-291, or 163-294.2, is certified to the State Board of Elections by a political party executive committee to fill a nomination vacancy pursuant to G.S. 163-114, is certified to the State Board of Elections by a new political party as that party's nominee pursuant to G.S. 163-98, qualifies with the State Board of Elections as an unaffiliated or write-in candidate pursuant to Article 11 of this Chapter, or formally initiates a candidacy with the State Board of Elections pursuant to any statute or local act, the State Board of Elections shall notify the candidate of the provisions concerning campaign signs in G.S. 136-32 and G.S. 14-156, and the rules adopted by the Department of Transportation pursuant to G.S. 136-18.

History

(2001-512, s. 7; 2017-3, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-743 by Session Laws 2017-6, s. 3. Former G.S. 163A-743 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2001-512, s. 15, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to the agency."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2017-3, s. 3, effective with respect to primaries and elections held on or after January 1 2018, substituted "or 163-294.2" for "163-294.2 or 163-323."

§ 163-23. Powers of chair in execution of Board duties.

In the performance of the duties enumerated in this Chapter, the Chair of the State Board shall have power to administer oaths, issue subpoenas, summon witnesses, and compel the production of papers, books, records, and other evidence. Upon the written request or requests of two or more members of the State Board, the Chair shall issue subpoenas for designated witnesses or identified papers, books, records, and other evidence. In the absence of the Chair or upon the Chair's refusal to act, any two members of the State Board may issue subpoenas, summon witnesses, and compel the production of papers, books, records, and other evidence. In the absence of the Chair or upon the Chair's refusal to act, any member of the State Board may administer oaths.

History

(1901, c. 89, s. 7; Rev., s. 4302; C.S., s. 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 4; 2017-6, ss. 4(c), 7(d); 2018-146, ss. 3.1(a), (b), 3.2(c).)

Editor's Note. - This section was repealed by Session Laws 2017-6, s. 7(d), with similar provisions recodified at now former G.S. 163A-4 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-4 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.2(c), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified.

Session Laws 2017-6, s. 22, made this section effective May 1, 2017.

Effect of Amendments. - Session Laws 2018-146, s. 3.2(c), effective January 3, 2019, rewrote the section.

§ 163-24. Power of State Board of Elections to maintain order.

The State Board of Elections shall possess full power and authority to maintain order, and to enforce obedience to its lawful commands during its sessions, and shall be constituted an inferior court for that purpose. If any person shall refuse to obey the lawful commands of the State Board of Elections or its chairman, or by disorderly conduct in its hearing or presence shall interrupt or disturb its proceedings, it may, by an order in writing, signed by its chairman, and attested by its secretary, commit the person so offending to the common jail of the county for a period not exceeding 30 days. Such order shall be executed by any sheriff to whom the same shall be delivered, or if a sheriff shall not be present, or shall refuse to act, by any other person who shall be deputed by the State Board of Elections in writing, and the keeper of the jail shall receive the person so committed and safely keep him for such time as shall be mentioned in the commitment: Provided, that any person committed under the provisions of this section shall have the right to post a two hundred dollar ($200.00) bond with the clerk of the superior court and appeal to the superior court for a trial on the merits of his commitment.

History

(1901, c. 89, s. 72; Rev., s. 4376; C.S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775, s. 1; 1995, c. 379, s. 14(e); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-744 by Session Laws 2017-6, s. 3. Former G.S. 163A-744 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-25. Authority of State Board to assist in litigation.

The State Board of Elections shall possess authority to assist any county board of elections in any matter in which litigation is contemplated or has been initiated, provided, the county board of elections in such county petitions, by majority resolution, for such assistance from the State Board of Elections and, provided further, that the State Board of Elections determines, in its sole discretion by majority vote, to assist in any such matter. It is further stipulated that the State Board of Elections shall not be authorized under this provision to enter into any litigation in assistance to counties, except in those instances where the uniform administration of this Chapter has been, or would be threatened.

The Attorney General shall provide the State Board of Elections with legal assistance in execution of its authority under this section or, in the Attorney General's discretion, recommend that private counsel be employed.

If the Attorney General recommends employment of private counsel, the State Board may employ counsel with the approval of the Governor.

History

(1969, c. 408, s. 1; 1973, c. 793, s. 6; 1983, c. 324, s. 2; 2011-31, s. 16; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-745 by Session Laws 2017-6, s. 3. Former G.S. 163A-745 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2011-31, s. 16, effective April 7, 2011, in the first paragraph, twice deleted "or municipal" preceding "board of elections" in the first sentence; and in the second paragraph, substituted "the Attorney General's" for "his."

§ 163-26. Executive Director of State Board of Elections.

There is hereby created the position of Executive Director of the State Board, who shall perform all duties imposed by statute and such duties as may be assigned by the State Board.

History

(1973, c. 1272, s. 4; 2001-319, s. 11; 2017-6, ss. 4(c), 7(e); 2018-146, ss. 3.1(a), (b), 3.2(d).)

Editor's Note. - This section was repealed by Session Laws 2017-6, s. 7(e), with similar provisions recodified at now former G.S. 163A-6 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-6 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.2(d), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified.

Session Laws 2017-6, s. 22, made this section effective May 1, 2017.

Session Laws 2017-6, s. 17, provides: "Notwithstanding G.S. 163A-6, the Bipartisan State Board of Elections and Ethics Enforcement shall not appoint an Executive Director until May 2019. Until such time as the Bipartisan State Board of Elections and Ethics Enforcement appoints an Executive Director in accordance with G.S. 163A-6, as enacted by this act, the Executive Director of the State Board of Elections under G.S. 163-26, as of December 31, 2016, shall be the Executive Director." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 17, effective January 31, 2019.

§ 163-27. Executive Director to be appointed by State Board.

1. The State Board shall appoint an Executive Director for a term of two years with compensation to be determined by the Office of State Human Resources.
2. The Executive Director shall serve beginning May 15 after the first meeting held after new appointments to the State Board are made, unless removed for cause, until a successor is appointed.
3. The Executive Director shall be responsible for staffing, administration, and execution of the State Board's decisions and orders and shall perform such other responsibilities as may be assigned by the State Board.
4. The Executive Director shall be the chief State elections official.

History

(1973, c. 1409, s. 3; 1985, c. 62, s. 2; 2001-319, s. 11; 2017-6, ss. 4(c), 7(f); 2018-146, ss. 3.1(a), (b), 3.2(e).)

Editor's Note. - This section was repealed by Session Laws 2017-6, s. 7(f), with similar provisions recodified at now former G.S. 163A-6 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-6 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.2(e), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified.

Session Laws 2017-6, s. 22, made this section effective May 1, 2017.

Session Laws 2017-6, s. 17, provides: "Notwithstanding G.S. 163A-6, the Bipartisan State Board of Elections and Ethics Enforcement shall not appoint an Executive Director until May 2019. Until such time as the Bipartisan State Board of Elections and Ethics Enforcement appoints an Executive Director in accordance with G.S. 163A-6, as enacted by this act, the Executive Director of the State Board of Elections under G.S. 163-26, as of December 31, 2016, shall be the Executive Director." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 17, effective January 31, 2019.

Session Laws 2018-146, s. 6.2(b), provides: "Notwithstanding G.S. 163-27, the term of office of the Executive Director of the State Board of Elections shall begin upon appointment, which shall be made as soon as possible after the State Board of Elections' initial meeting, and expire in May 2021."

§ 163-27.1. Emergency powers.

1. The Executive Director, as chief State elections official, may exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by any of the following:
   1. A natural disaster.
   2. Extremely inclement weather.
   3. An armed conflict involving Armed Forces of the United States, or mobilization of those forces, including North Carolina National Guard and reserve components of the Armed Forces of the United States.
2. Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under G.S. 120-2.4 or a plan enacted by the General Assembly.
3. Nothing in this Chapter shall grant authority to the State Board of Elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting districts for a unit of local government other than a plan imposed by a court, a plan enacted by the General Assembly, or a plan adopted by the appropriate unit of local government under statutory or local act authority.
4. Under no circumstances shall the Executive Director or the State Board of Elections have the authority to do any of the following:
   1. Deliver absentee ballots to an eligible voter who did not submit a valid written request form for absentee ballots as provided in G.S. 163-230.1 and G.S. 163-230.2.
   2. Order an election to be conducted using all mail-in absentee ballots.

In exercising those emergency powers, the Executive Director shall avoid unnecessary conflict with the provisions of this Chapter. The Executive Director shall adopt rules describing the emergency powers and the situations in which the emergency powers will be exercised.

History

(1999-455, s. 23; 2001-319, s. 11; 2011-183, s. 110; 2016-125, 4th Ex. Sess., s. 20(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2020-17, s. 6.)

Editor's Note. - This section was recodified as now former G.S. 163A-750 by Session Laws 2017-6, s. 3. Former G.S. 163A-750 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2011-183, s. 110, effective June 20, 2011, in subdivision (3), substituted "Armed Forces of the United States" for "United States armed forces" and "North Carolina National Guard and reserve components of the Armed Forces of the United States" for "State National Guard and reserve components."

Session Laws 2016-125, 4th Ex. Sess., s. 20(d), effective December 16, 2016, added subsection (a) designation; and added subsections (b) and (c).

Session Laws 2020-17, s. 6, effective June 12, 2020, added subsection (d).

§ 163-27.2. Criminal history record checks of current and prospective employees of the State Board and county directors of elections.

1. As used in this section, the term "current or prospective employee" means any of the following:
   1. A current or prospective permanent or temporary employee of the State Board or a current or prospective county director of elections.
   2. An employee or agent of a current or prospective contractor with the State Board.
   3. Any other individual otherwise engaged by the State Board who has or will have the capability to update, modify, or change elections systems or confidential elections or ethics data.
2. A criminal history record check shall be required of all current or prospective permanent or temporary employees of the State Board and all current or prospective county directors of elections, which shall be conducted by the Department of Public Safety as provided in G.S. 143B-968. The criminal history report shall be provided to the Executive Director, who shall keep all information obtained pursuant to this section confidential to the State Board, as provided in G.S. 143B-968(d). A criminal history report provided under this subsection is not a public record under Chapter 132 of the General Statutes.
3. If the current or prospective employee's verified criminal history record check reveals one or more convictions, the conviction shall constitute just cause for not selecting the person for employment or for dismissing the person from current employment. The conviction shall not automatically prohibit employment.
4. A prospective employee may be denied employment or a current employee may be dismissed from employment for refusal to consent to a criminal history record check or to submit fingerprints or to provide other identifying information required by the State or National Repositories of Criminal Histories. Any such refusal shall constitute just cause for the employment denial or the dismissal from employment.
5. A conditional offer of employment or appointment may be extended pending the results of a criminal history record check authorized by this section.
6. A county board of elections shall require a criminal history record check of all current or prospective employees of the county board of elections, as defined in G.S. 163-37.1(a)(1), who have or will have access to the statewide computerized voter registration system maintained under G.S. 163-82.11 and for any additional position or function as the State Board may designate. The county director of elections shall provide the criminal history record of all current or prospective employees of the county board of elections required by this subsection or in designated positions to the Executive Director and State Board.
7. Neither appointment as a precinct official or assistant under Article 5 of this Chapter nor employment at a one-stop early voting location shall require a criminal history record check unless the official, assistant, or employee performs a function designated by the State Board pursuant to subsection (f) of this section.

History

(2018-13, s. 1(c); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was enacted as now former G.S. 163A-7 by Session Laws 2018-13, s. 1(c). It was recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Former G.S. 163A-7, authorized the former Bipartisan State Board of Elections and Ethics Enforcement to obtain criminal records checks and clearly pertained to elections personnel. It is not clear, however, that it was also intended to cover non-elections personnel, and so may not be appropriate for the Ethics Commission or the Secretary of State. It is being recodified only in Chapter 163 as this section at the direction of the Revisor of Statutes.

Session Laws 2018-13, s. 1(f), made this section effective August 1, 2018.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-28. State Board of Elections independent agency.

The State Board of Elections shall not be placed within any principal administrative department. The State Board shall exercise its statutory powers, duties, functions, and authority and shall have all powers and duties conferred upon the heads of principal departments under G.S. 143B-10.

History

(1973, c. 1409, s. 2; 2017-6, ss. 4(c), 7(g); 2018-146, ss. 3.1(a), (b), 3.2(f).)

Editor's Note. - This section was repealed by Session Laws 2017-6, s. 7(g), with similar provisions recodified at now former G.S. 163A-6 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-6 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.2(f), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified.

Effect of Amendments. - Session Laws 2018-146, s. 3.2(f), effective January 31, 2019, rewrote the section.

§ 163-29: Reserved for future codification purposes.

§ 163-30. County boards of elections; appointments; terms of office; qualifications; vacancies; oath of office; instructional meetings.

1. In every county of the State there shall be a county board of elections, to consist of five persons of good moral character who are registered voters in the county in which they are to act. Members of county boards of elections shall be appointed by the State Board of Elections on the last Tuesday in June, and every two years thereafter, and their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. Four members of county boards of elections shall be appointed by the State Board on the last Tuesday in June and every two years thereafter, and their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. One member of the county boards of elections shall be appointed by the Governor to be the chair of the county board on the last Tuesday in June and every two years thereafter, and that member's term of office shall continue for two years from the specified date of appointment and until a successor is appointed and qualified. Of the appointments to each county board of elections by the State Board, two members each shall belong to the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board.
2. No person shall be eligible to serve as a member of a county board of elections who meets any of the following criteria:
   1. Holds any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof.
   2. Holds any office in a state, congressional district, county or precinct political party or organization. Provided, however, that the position of delegate to a political party convention shall not be considered an office for the purpose of this subdivision.
   3. Is a campaign manager or treasurer of any candidate or political party in a primary or election.
   4. Is a candidate for nomination or election.
   5. Is the wife, husband, son, son in law, daughter, daughter in law, mother, mother in law, father, father in law, sister, sister in law, brother, brother in law, aunt, uncle, niece, or nephew of any candidate for nomination or election. Upon any member of the board of elections becoming ineligible, that member's seat shall be declared vacant. This subdivision only applies if the county board of elections is conducting the election for which the relative is a candidate.
3. The State chair of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board shall have the right to recommend to the State Board three registered voters in each county for appointment to the board of elections for that county. If such recommendations are received by the State Board 15 or more days before the last Tuesday in June 2019, and each two years thereafter, it shall be the duty of the State Board to appoint the county boards from the names thus recommended.
4. Whenever a vacancy occurs in the membership of a county board of elections for any cause the State chair of the political party of the vacating member shall have the right to recommend two registered voters of the affected county for such office, and it shall be the duty of the State Board to fill the vacancy from the names thus recommended.
5. At the meeting of the county board of elections required by G.S. 163-31 to be held on Tuesday following the third Monday in July in the year of their appointment the members shall take the following oath of office:
6. Each member of the county board of elections shall attend each instructional meeting held pursuant to G.S. 163-46, unless excused for good cause by the chair of the board, and shall be paid the sum of twenty five dollars ($25.00) per day for attending each of those meetings.

"I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States; and that I will well and truly execute the duties of the office of member of the ________ County Board of Elections to the best of my knowledge and ability, according to law; so help me God."

History

(1901, c. 89, ss. 6, 11; Rev., ss. 4303, 4304, 4305; 1913, c. 138; C.S., ss. 5924, 5925, 5926; 1921, c. 181, s. 1; 1923, c. 111, s. 1; c. 196; 1933, c. 165, s. 2; 1941, c. 305, s. 1; 1945, c. 758, ss. 1, 2; 1949, c. 672, s. 1; 1953, c. 410, ss. 1, 2; c. 1191, s. 2; 1955, c. 871, s. 1; 1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1967, c. 775, s. 1; 1969, c. 208, s. 1; 1973, c. 793, s. 7; c. 1094; c. 1344, s. 4; 1975, c. 19, s. 66; c. 159, s. 1; 1981, c. 954, s. 1; 1983, c. 617, ss. 1, 2; 1985, c. 472, s. 4; 1997-211, s. 1; 2016-125, 4th Ex. Sess., s. 5(h); 2017-6, ss. 2, 3, 7(h); 2018-145, s. 25(a); 2018-146, ss. 3.1(a), (b), 4.3(a).)

Editor's Note. - This section was recodified as now former G.S. 163A-766 by Session Laws 2017-6, s. 3. Former G.S. 163A-766 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 2017-6, s. 2 repealed Part 1 of Session Laws 2016-125, 4th Ex. Sess., including s. 5(h), which had amended this section.

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(c), (d), provides: "(c) County boards of elections shall educate the public, particularly individuals impacted or displaced by Hurricane Florence, about voting in the November 2018 election as follows:

"(1) Counties that maintain a board of elections Web site shall include information on that Web site about:

"a. Options to register to vote, including same day registration during the early voting period, and how to determine residency for voting purposes.

"b. Options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting. Information shall include locations and times of early one-stop voting.

(2) When publishing notices of elections under G.S. 163A-769(8) for the 2018 general election, the notice shall include a brief statement regarding how to obtain information on voting for individuals impacted or displaced by Hurricane Florence.

"(d) The Bipartisan State Board of Elections and Ethics Enforcement shall educate the public, particularly individuals impacted or displaced by Hurricane Florence, about voting in the November 2018 election. The State Board shall:

"(1) Include on its Web site information about:

"a. Options to register to vote, including same day registration during the early voting period, and how to determine residency for voting purposes.

"b. Options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting.

"(2) Distribute information about the options to register to vote, including same day registration during the early voting period, and options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting to State agencies, shelters, groups, and other organizations serving persons impacted or displaced by Hurricane Florence.

"(3) Coordinate with the State and federal agencies to identify and notify as many persons as possible displaced by Hurricane Florence about the options to register to vote, including same day registration during the early voting period and options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting. When practicable, the State Board shall provide county specific information as to early one-stop voting locations and times.

"(4) Disseminate information about the options to register to vote, including same day registration during the early voting period and options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting. Information may be distributed through public service announcements, print, radio, television, online, and social media.

"(5) Assist any county board of elections altering one-stop sites and voting places for the November 2018 election under subsection (a) of this section in educating the public on the changes."

Session Laws 2018-146, s. 6.2(a), provides: "Notwithstanding G.S. 163-19, 163-30, and 138A-7, as re-recodified by this act, appointments to the State Board of Elections, county boards of elections, and State Ethics Commission shall be made as soon as possible upon enactment of this act, and no further appointments shall be required in 2019, other than to fill vacancies as may occur. The requirements of G.S. 163-19(f)(5) shall not apply to any member of the Bipartisan State Board of Elections and Ethics Enforcement serving on the effective date of this act who is appointed to the State Board of Elections in 2019. In making appointments to the State Board of Elections and State Ethics Commission, any service on the Bipartisan State Board of Elections and Ethics Enforcement shall be considered service for purposes of consecutive terms."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, ss. 3 and 7(h). Session Laws 2017-6, s. 3, had recodified this section. Session Laws 2017-6, s. 7(h), had rewritten this section.

Effect of Amendments. - Session Laws 2017-6, s. 7(h), effective July 1, 2017, rewrote the section.

Session Laws 2018-145, s. 25(a), effective December 27, 2018, rewrote the last sentence of subsection (a) (as amended by Session Laws 2018-146, s. 4.3(a)); and, in the first sentence of subsection (c) (as amended by Session Laws 2018-146, s. 4.3(a)), substituted "the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board" for "each political party."

Session Laws 2018-146, s. 4.3(a), effective December 27, 2018, rewrote the section.

§ 163-31. Meetings of county boards of elections; quorum; minutes.

1. In each county of the State the members of the county board of elections shall meet at the courthouse or board office at noon on the Tuesday following the third Monday in July in the year of their appointment and, after taking the oath of office provided in G.S. 163-30, they shall organize by electing one member secretary of the county board of elections.
2. On the Tuesday following the third Monday in August of the year in which they are appointed the county board of elections shall meet and appoint precinct chief judges and judges of elections.
3. The board may hold other meetings at such times as the chair of the board, or any three members thereof, may direct, for the performance of duties prescribed by law.
4. A majority of the members shall constitute a quorum for the transaction of board business. The chair shall notify, or cause to be notified, all members regarding every meeting to be held by the board.
5. The county board of elections shall keep minutes recording all proceedings and findings at each of its meetings. The minutes shall be recorded in a book which shall be kept in the board office and it shall be the responsibility of the secretary, elected by the board, to keep the required minute book current and accurate. The secretary of the board may designate the director of elections to record and maintain the minutes under the secretary's supervision.

History

(1901, c. 89, s. 11; Rev., ss. 4304, 4306; C.S., ss. 5925, 5927; 1921, c. 181, s. 2; 1923, c. 111, s. 1; 1927, c. 260, s. 1; 1933, c. 165, s. 2; 1941, c. 305, s. 1; 1945, c. 758, s. 2; 1953, c. 410, s. 1; c. 1191, s. 2; 1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1966, Ex. Sess., c. 5, s. 2; 1967, c. 775, s. 1; 1969, c. 208, s. 2; 1975, c. 159, s. 2; 1977, c. 626; 1983, c. 617, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 13; 1995, c. 243, s. 1; 2016-125, 4th Ex. Sess., s. 5(i); 2017-6, ss. 2, 3, 7(i); 2018-146, ss. 3.1(a), (b), 4.3(b).)

Editor's Note. - This section was recodified as now former G.S. 163A-767 by Session Laws 2017-6, s. 3. Former G.S. 163A-767 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2017-6, s. 2 repealed Part 1 of Session Laws 2016-125, 4th Ex. Sess., including s. 5(i), which had amended this section.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, ss. 3 and 7(i). Session Laws 2017-6, s. 3, had recodified this section. Session Laws 2017-6, s. 7(i), had rewritten this section.

Effect of Amendments. - Session Laws 2017-6, s. 7(i), effective July 1, 2017, inserted "majority" in the section heading; in the first paragraph, in the first sentence, deleted "of Elections" following "the State Board," and substituted "electing one member chair" for "electing one member chairman," in the third sentence, substituted "chair of the board" for "chairman of the board," and substituted "any three members" for "any two members," at the beginning of the fourth sentence, substituted "Three members" for "A majority of the members," added the fifth sentence, and substituted "The chair" for "The chairman" at the beginning of the last sentence; and, in the second paragraph, substituted "his or her supervision" for "his supervision" at the end of the last sentence.

Session Laws 2018-146, s. 4.3(b), effective December 27, 2018, rewrote the section.

§ 163-32. Compensation of members of county boards of elections.

In full compensation of their services, members of the county board of elections (including the chairman) shall be paid by the county twenty-five dollars ($25.00) per meeting for the time they are actually engaged in the discharge of their duties, together with reimbursement of expenditures necessary and incidental to the discharge of their duties; provided that members are not entitled to be compensated for more than one meeting held in any one 24-hour period. In its discretion, the board of county commissioners of any county may pay the chairman and members of the county board of elections compensation in addition to the per meeting and expense allowance provided in this paragraph.

In all counties the board of elections shall pay its clerk, assistant clerks, and other employees such compensation as it shall fix within budget appropriations. Counties which adopt full-time and permanent registration shall have authority to pay directors of elections whatever compensation they may fix within budget appropriations.

History

(1901, c. 89, s. 11; Rev., s. 4303; C.S., s. 5925; 1923, c. 111, s. 1; 1933, c. 165, s. 2; 1941, c. 305, s. 1; 1945, c. 758, s. 2; 1953, c. 410, s. 1; c. 843; c. 1191, s. 2; 1955, c. 800; 1957, c. 182, s. 1; 1959, c. 1203, s. 1; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1971, c. 1166, s. 1; 1973, c. 793, s. 8; c. 1344, s. 5; 1977, c. 626, s. 1; 1991, c. 338, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 14; 1995, c. 243, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification to Former G.S. 163-12. - Hyde, Iredell and Nash: 1941, c. 305, s. 2.

Editor's Note. - This section was recodified as now former G.S. 163A-768 by Session Laws 2017-6, s. 3. Former G.S. 163A-768 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-33. Powers and duties of county boards of elections.

The county boards of elections within their respective jurisdictions shall exercise all powers granted to such boards in this Chapter, and they shall perform all the duties imposed upon them by law, which shall include the following:

1. To make and issue such rules, regulations, and instructions, not inconsistent with law, with directives promulgated under the provisions of G.S. 163-132.4, or with the rules, orders, and directives established by the State Board of Elections, as it may deem necessary for the guidance of election officers and voters.
2. To appoint all chief judges, judges, assistants, and other officers of elections, and designate the precinct in which each shall serve; and, after notice and hearing, to remove any chief judge, judge of elections, assistant, or other officer of election appointed by it for incompetency, failure to discharge the duties of office, failure to qualify within the time prescribed by law, fraud, or for any other satisfactory cause. In exercising the powers and duties of this subdivision, the board may act only when a majority of its members are present at any meeting at which such powers or duties are exercised.
3. To investigate irregularities, nonperformance of duties, and violations of laws by election officers and other persons, and to report violations to the State Board of Elections. In exercising the powers and duties of this subdivision, the board may act only when a majority of its members are present at any meeting at which such powers or duties are exercised. Provided that in any hearing on an irregularity no board of elections shall consider as evidence the testimony of a voter who cast a ballot, which ballot that voter was not eligible to cast, as to how that voter voted on that ballot.
4. As provided in G.S. 163-128, to establish, define, provide, rearrange, discontinue, and combine election precincts as it may deem expedient, and to fix and provide for places of registration and for holding primaries and elections.
5. To review, examine, and certify the sufficiency and validity of petitions and nomination papers.
6. To advertise and contract for the printing of ballots and other supplies used in registration and elections; and to provide for the delivery of ballots, pollbooks, and other required papers and materials to the voting places.
7. To provide for the purchase, preservation, and maintenance of voting booths, ballot boxes, registration and pollbooks, maps, flags, cards of instruction, and other forms, papers, and equipment used in registration, nominations, and elections; and to cause the voting places to be suitably provided with voting booths and other supplies required by law.
8. To provide for the issuance of all notices, advertisements, and publications concerning elections required by law. If the election is on a State bond issue, an amendment to the Constitution, or approval of an act submitted to the voters of the State, the State Board of Elections shall reimburse the county boards of elections for their reasonable additional costs in placing such notices, advertisements, and publications. In addition, the county board of elections shall give notice at least 20 days prior to the date on which the registration books or records are closed that there will be a primary, general or special election, the date on which it will be held, and the hours the voting places will be open for voting in that election. The notice also shall describe the nature and type of election, and the issues, if any, to be submitted to the voters at that election. Notice shall be given by advertisement at least once weekly during the 20-day period in a newspaper having general circulation in the county and by posting a copy of the notice at the courthouse door. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. This subdivision shall not apply in the case of bond elections called under the provisions of Chapter 159 [of the General Statutes].
9. To receive the returns of primaries and elections, canvass the returns, make abstracts thereof, transmit such abstracts to the proper authorities, and to issue certificates of election to county officers and members of the General Assembly except those elected in districts composed of more than one county.
10. To appoint and remove the board's clerk, assistant clerks, and other employees; and to appoint and remove precinct transfer assistants as provided in G.S. 163-82.15(g).
11. To prepare and submit to the proper appropriating officers a budget estimating the cost of elections for the ensuing fiscal year.
12. To perform such other duties as may be prescribed by this Chapter, by directives promulgated pursuant to G.S. 163-132.4, or by the rules, orders, and directives of the State Board of Elections.
13. Notwithstanding the provisions of any other section of this Chapter, to have access to any ballot boxes and their contents, any voting machines and their contents, any registration records, pollbooks, voter authorization cards or voter lists, any lists of absentee voters, any lists of presidential registrants under the Voting Rights Act of 1965 as amended, and any other voting equipment or similar records, books or lists in any precinct or municipality over whose elections it has jurisdiction or for whose elections it has responsibility.
14. To make forms available for near relatives or personal representatives of a deceased voter's estate to provide signed statements of the status of a deceased voter to return to the board of elections of the county in which the deceased voter was registered. Forms may be provided, upon request, to any of the following: near relatives, personal representatives of a deceased voter's estate, funeral directors, or funeral service licensees.
15. Nothing in this Chapter shall grant authority to county boards of elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under G.S. 120-2.4 or a plan enacted by the General Assembly.
16. Nothing in this Chapter shall grant authority to county boards of elections to alter, amend, correct, impose, or substitute any plan apportioning or redistricting districts for a unit of local government other than a plan imposed by a court, a plan enacted by the General Assembly, or a plan adopted by the appropriate unit of local government under statutory or local act authority.

History

(1901, c. 89, s. 11; Rev., s. 4306; C.S., s. 5927; 1921, c. 181, s. 2; 1927, c. 260, s. 1; 1933, c. 165, s. 2; 1966, Ex. Sess., c. 5, s. 2; 1967, c. 775, s. 1; 1973, c. 793, ss. 9-11; 1983, c. 392, s. 1; 1989, c. 93, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 15; 1995 (Reg. Sess., 1996), c. 694, s. 1; 1997-510, s. 1; 1999-424, s. 7(b); 2009-541, s. 2; 2013-381, s. 39.1(a); 2016-125, 4th Ex. Sess., s. 20(c); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Guilford: 2017-210, s. 1(e) (applicable to notices published on or after December 1, 2017); Town of Calabash: 1989, c. 593, s. 3; 1998-75, ss. 1, 5; town of Carolina Shores: 1998-75, s. 5; town of Hazelwood: 1987, c. 338, s. 8; town of Spruce Pine: 1998-152, s. 2; town of Waynesville: 1987, c. 338, s. 8; Alamance County Board of Elections: 1998-151, s. 9.6; Anson County Board of Commissioners: 1991 (Reg. Sess., 1992), c. 781, s. 8 (but shall only be enforced as provided by Section 5 of the Voting Rights Act of 1965); Union County Board of Elections: 1998-151, s. 9.6.

Editor's Note. - This section was recodified as now former G.S. 163A-769 by Session Laws 2017-6, s. 3. Former G.S. 163A-769 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act."

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(c), (d), provides: "(c) County boards of elections shall educate the public, particularly individuals impacted or displaced by Hurricane Florence, about voting in the November 2018 election as follows:

"(1) Counties that maintain a board of elections Web site shall include information on that Web site about:

"a. Options to register to vote, including same day registration during the early voting period, and how to determine residency for voting purposes.

"b. Options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting. Information shall include locations and times of early one-stop voting.

"(2) When publishing notices of elections under G.S. 163A-769(8) for the 2018 general election, the notice shall include a brief statement regarding how to obtain information on voting for individuals impacted or displaced by Hurricane Florence.

"(d) The Bipartisan State Board of Elections and Ethics Enforcement shall educate the public, particularly individuals impacted or displaced by Hurricane Florence, about voting in the November 2018 election. The State Board shall:

"(1) Include on its Web site information about:

"a. Options to register to vote, including same day registration during the early voting period, and how to determine residency for voting purposes.

"b. Options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting.

"(2) Distribute information about the options to register to vote, including same day registration during the early voting period, and options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting to State agencies, shelters, groups, and other organizations serving persons impacted or displaced by Hurricane Florence.

"(3) Coordinate with the State and federal agencies to identify and notify as many persons as possible displaced by Hurricane Florence about the options to register to vote, including same day registration during the early voting period and options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting. When practicable, the State Board shall provide county specific information as to early one-stop voting locations and times.

"(4) Disseminate information about the options to register to vote, including same day registration during the early voting period and options to vote in the November 2018 election, including mail-in absentee voting and early one-stop voting. Information may be distributed through public service announcements, print, radio, television, online, and social media.

"(5) Assist any county board of elections altering one-stop sites and voting places for the November 2018 election under subsection (a) of this section in educating the public on the changes."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 2, effective August 28, 2009, substituted "with law, with directives promulgated under the provisions of G.S. 163-132.4, or with the rules, orders, and directives established" for "with law or the rules established" in subdivision (1); and substituted "Chapter, by directives promulgated pursuant to G.S. 163-132.4, or by the rules, orders, and directives" for "Chapter or the rules" in subdivision (12).

Session Laws 2013-381, s. 39.1(a), effective October 1, 2013, added subdivision (14).

Session Laws 2016-125, 4th Ex. Sess., s. 20(c), effective December 16, 2016, added subdivisions (15) and (16).

§ 163-33.1. Power of chairman to administer oaths.

The chairman of the county board of elections is authorized to administer to election officials specified in Articles 4, 5, and 20 of this Chapter the required oath, and may also administer the required oath to witnesses appearing before the county board at a duly called public hearing.

History

(1981, c. 154; 2007-391, s. 5; 2008-187, s. 33(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-770 by Session Laws 2017-6, s. 3. Former G.S. 163A-770 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 5, which substituted "Articles 4, 5, and 20 of this Chapter" for "G.S. 163-80," is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 5, effective August 19, 2007, substituted "Articles 4, 5, and 20 of this Chapter" for "G.S. 163-80."

§ 163-33.2. Chairman and county board to examine voting machines.

Prior to each primary and general election the chairman and members of the county board of elections, in counties where voting machines are used, shall test vote, in a reasonable number of combinations, no less than ten percent (10%) of all voting machines programmed for each primary or election, such machines to be selected at random by the board after programming has been completed, and further, the board shall record the serial numbers of the machines test voted in the official minutes of the board. In the alternative, the board may cause the test voting required herein to be performed by persons qualified to program and test voting equipment.

History

(1981, c. 303; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-771 by Session Laws 2017-6, s. 3. Former G.S. 163A-771 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-33.3. County board of elections littering notification.

At the time an individual files with a county board of elections a notice of candidacy pursuant to G.S. 163-106, 163-112, 163-291, or 163-294.2, is certified to a county board of elections by a political party executive committee to fill a nomination vacancy pursuant to G.S. 163-114, qualifies with a county board of elections as an unaffiliated or write-in candidate pursuant to Article 11 of this Chapter, or formally initiates with a county board of elections a candidacy pursuant to any statute or local act, the county board of elections shall notify the candidate of the provisions concerning campaign signs in G.S. 136-32 and G.S. 14-156 and the rules adopted by the Department of Transportation pursuant to G.S. 136-18.

History

(2001-512, s. 8; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-772 by Session Laws 2017-6, s. 3. Former G.S. 163A-772 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2001-512, s. 15, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to the agency."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-34. Power of county board of elections to maintain order.

Each county board of elections shall possess full power to maintain order, and to enforce obedience to its lawful commands during its sessions, and shall be constituted an inferior court for that purpose. If any person shall refuse to obey the lawful commands of any county board of elections, or by disorderly conduct in its hearing or presence shall interrupt or disturb its proceedings, it may, by an order in writing, signed by its chairman, and attested by its secretary, commit the person so offending to the common jail of the county for a period not exceeding 30 days. Such order shall be executed by any sheriff to whom the same shall be delivered, or if a sheriff shall not be present, or shall refuse to act, by any other person who shall be deputed by the county board of elections in writing, and the keeper of the jail shall receive the person so committed and safely keep him for such time as shall be mentioned in the commitment: Provided, that any person committed under the provisions of this section shall have the right to post a two hundred dollar ($200.00) bond with the clerk of the superior court and appeal to the superior court for a trial on the merits of his commitment.

History

(1901, c. 89, s. 72; Rev., s. 4376; C.S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775, s. 1; 2004-203, s. 57; 2017-6, s. 3; 2018-146, 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-773 by Session Laws 2017-6, s. 3. Former G.S. 163A-773 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-203, s. 57, effective August 17, 2004, deleted "or constable" following "sheriff" two times in the third sentence.

§ 163-35. Director of elections to county board of elections; appointment; compensation; duties; dismissal.

1. In the event a vacancy occurs in the office of county director of elections in any of the county boards of elections in this State, the county board of elections shall submit the name of the person it recommends to fill the vacancy, in accordance with provisions specified in this section, to the Executive Director of the State Board of Elections who shall issue a letter of appointment. A person shall not serve as a director of elections if he:
   1. Holds any elective public office;
   2. Is a candidate for any office in a primary or election;
   3. Holds any office in a political party or committee thereof;
   4. Is a campaign chairman or finance chairman for any candidate for public office or serves on any campaign committee for any candidate;
   5. Has been convicted of a felony in any court unless his rights of citizenship have been restored pursuant to the provisions of Chapter 13 of the General Statutes of North Carolina;
   6. Has been removed at any time by the State Board of Elections following a public hearing; or
   7. Is a member or a spouse, child, spouse of child, parent, sister, or brother of a member of the county board of elections by whom he would be employed.
2. Appointment, Duties; Termination. - Upon receipt of a nomination from the county board of elections stating that the nominee for director of elections is submitted for appointment upon majority selection by the county board of elections the Executive Director shall issue a letter of appointment of such nominee to the chairman of the county board of elections within 10 days after receipt of the nomination, unless good cause exists to decline the appointment. The Executive Director may delay the issuance of appointment for a reasonable time if necessary to obtain a criminal history records check sought under G.S. 143B-968. The Executive Director shall apply the standards provided in G.S. 163-27.2 in determining whether a nominee with a criminal history shall be selected. If the Executive Director determines a nominee shall not be selected and does not issue a letter of appointment, the decision of the Executive Director of the State Board shall be final unless the decision is, within 10 days from the official date on which it was made, deferred by the State Board. If the State Board defers the decision, then the State Board shall make a final decision on appointment of the director of elections and may direct the Executive Director to issue a letter of appointment. If an Executive Director issues a letter of appointment, the county board of elections shall enter in its official minutes the specified duties, responsibilities and designated authority assigned to the director by the county board of elections. The specified duties and responsibilities shall include adherence to the duties delegated to the county board of elections pursuant to G.S. 163-33. A copy of the specified duties, responsibilities and designated authority assigned to the director shall be filed with the State Board of Elections. In the event the Executive Director is recused due to an actual or apparent conflict of interest from rendering a decision under this section, the chair and vice-chair of the State Board shall designate a member of staff to fulfill those duties.
3. Compensation of Directors of Elections. - Compensation paid to directors of elections in all counties maintaining full-time registration (five days per week) shall be in the form of a salary in an amount recommended by the county board of elections and approved by the Board of County Commissioners and shall be commensurate with the salary paid to directors in counties similarly situated and similar in population and number of registered voters.
4. Duties. - The director of elections may be empowered by the county board of elections to perform such administrative duties as might be assigned by the board and the chairman. In addition, the director of elections may be authorized by the chairman to execute the responsibilities devolving upon the chairman provided such authorization by any chairman shall in no way transfer the responsibility for compliance with the law. The chairman shall remain liable for proper execution of all matters specifically assigned to him by law.
5. Training and Certification. - The State Board of Elections shall conduct a training program consisting of four weeks for each new county director of elections. The director shall complete that program. Each director appointed after May 1995 shall successfully complete a certification program as provided in G.S. 163-82.24(b) within three years after appointment or by January 1, 2003, whichever occurs later.

The Board of County Commissioners in each county, whether or not the county maintains full-time or modified full-time registration, shall compensate the director of elections at a minimum rate of twelve dollars ($12.00) per hour for hours worked in attendance to his or her duties as prescribed by law, including rules and regulations adopted by the State Board of Elections. In addition, the county shall pay to the director an hourly wage of at least twelve dollars ($12.00) per hour for all hours worked in excess of those prescribed in rules and regulations adopted by the State Board of Elections, when such additional hours have been approved by the county board of elections and such approval has been recorded in the official minutes of the county board of elections.

In addition to the compensation provided for herein, the director of elections to the county board of elections shall be granted the same vacation leave, sick leave, and petty leave as granted to all other county employees. It shall also be the responsibility of the Board of County Commissioners to appropriate sufficient funds to compensate a replacement for the director of elections when authorized leave is taken.

The county board of elections shall have authority, by resolution adopted by majority vote, to delegate to its director of elections so much of the administrative detail of the election functions, duties, and work of the board, its officers and members, as is now, or may hereafter be vested in the board or its members as the county board of elections may see fit: Provided, that the board shall not delegate to a director of elections any of its quasi-judicial or policy-making duties and authority. Such a resolution shall require adherence to the duties delegated to the county board of elections pursuant to G.S. 163-33. Within the limitations imposed upon the director of elections by the resolution of the county board of elections the acts of a properly appointed director of elections shall be deemed to be the acts of the county board of elections, its officers and members.

History

(1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1971, c. 1166, s. 2; 1973, c. 859, s. 1; 1975, c. 211, ss. 1, 2; c. 713; 1977, c. 265, s. 21; c. 626, s. 1; c. 1129, s. 1; 1981, cc. 84, 221; 1983, c. 697; 1985, c. 763; 1991, c. 338, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 16; 1995, c. 243, s. 1; 1999-426, s. 7(a); 2001-319, ss. 1(a), 1(b), 11; 2004-203, s. 58; 2009-541, ss. 3, 4(a); 2017-6, s. 3; 2018-13, s. 1(e); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-774 by Session Laws 2017-6, s. 3. Former G.S. 163A-774 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-203, s. 58, effective August 17, 2004, in the second paragraph of subsection (b), inserted the eighth and ninth sentences, substituted "after the hearing" for "by the State Board of Elections," substituted "after the hearing" for "by the board," and added "or its designated member(s)" following "Elections"; in the second paragraph of subsection (b), inserted the fourth sentence, and substituted the last sentence for the former last sentence which read: "The State Board of Elections shall notify the chair of the county board of elections and the chair of the county board of commissioners that the State Board has initiated termination proceedings."; and deleted the last sentence of the last paragraph which read: "For the purposes of this subsection, the individual designated by the remaining four members of the State Board shall possess the same authority conferred upon the chairman pursuant to G.S. 163-23."

Session Laws 2009-541, ss. 3 and 4(a), effective August 28, 2009, added the present third sentence in the first paragraph of subsection (b); and, in the second paragraph of subsection (d), added the present second sentence and substituted "upon the director of elections" for "upon him" in the present third sentence.

Session Laws 2018-13, s. 1(e), effective August 1, 2018, in subsection (b), in the first sentence, substituted "nomination, unless good cause exists to decline the appointment" for "nomination," added the second through fourth sentences, in the present fifth sentence, substituted "If an Executive Director issues a letter of appointment, the county" for "Thereafter, the county," and added the last sentence.

§ 163-35.1. Termination of county director of elections; suspension.

1. The county board of elections may, by petition signed by a majority of the board, recommend to the Executive Director of the State Board of Elections the termination of the employment of the county board's director of elections. The petition shall clearly state the reasons for termination. Upon receipt of the petition, the Executive Director shall forward a copy of the petition by certified mail, return receipt requested, to the county director of elections involved. The county director of elections may reply to the petition within 15 days of receipt thereof. Within 20 days of receipt of the county director of elections' reply or the expiration of the time period allowed for the filing of the reply, the State Executive Director shall render a decision as to the termination or retention of the county director of elections. The decision of the Executive Director of the State Board of Elections shall be final unless the decision is, within 20 days from the official date on which it was made, deferred by the State Board of Elections. If the State Board defers the decision, then the State Board shall make a final decision on the termination after giving the county director of elections an opportunity to be heard and to present witnesses and information to the State Board, and then notify the Executive Director of its decision in writing. Any one or more members of the State Board designated by the remaining members of the State Board may conduct the hearing and make a final determination on the termination. For the purposes of this section, the member(s) designated by the remaining members of the State Board shall possess the same authority conferred upon the chairman pursuant to G.S. 163-23. If the decision, rendered after the hearing, results in concurrence with the decision entered by the Executive Director, the decision becomes final. If the decision rendered after the hearing is contrary to that entered by the Executive Director, then the Executive Director shall, within 15 days from the written notification, enter an amended decision consistent with the results of the decision by the State Board or its designated member(s).
2. Upon majority vote on the recommendation of the Executive Director, the State Board of Elections may initiate proceedings for the termination of a county director of elections for just cause. If the State Board votes to initiate proceedings for termination, the State Board shall state the reasons for the termination in writing and send a copy by certified mail, return receipt requested, to the county director of elections. The director has 15 days to reply in writing to the notice. The State Board of Elections shall also notify the chair of the county board of elections and the chair of the county board of commissioners that the State Board has initiated termination proceedings. The State Board shall make a final decision on the termination after giving the county director of elections an opportunity to be heard, present witnesses, and provide information to the State Board. Any one or more members of the State Board designated by the remaining members of the State Board may conduct the hearing and make a final decision. For the purposes of this section, the member(s) designated by the remaining members of the State Board shall possess the same authority conferred upon the chairman pursuant to G.S. 163-23.
3. A county director of elections may be suspended, with pay, without warning for causes relating to personal conduct detrimental to service to the county or to the State Board of Elections, pending the giving of written reasons, in order to avoid the undue disruption of work or to protect the safety of persons or property or for other serious reasons. Any suspension may be initiated by the Executive Director but may not be for more than five days. Upon placing a county director of elections on suspension, the Executive Director shall, as soon as possible, reduce to writing the reasons for the suspension and forward copies to the county director of elections, the members of the county board of elections, the chair of the county board of commissioners, and the State Board of Elections. If no action for termination has been taken within five days, the county director of elections shall be fully reinstated.
4. Termination of any county director of elections shall comply with this section.
5. In the event the Executive Director is recused due to an actual or apparent conflict of interest from rendering a decision under this section, the chair and vice-chair of the State Board shall designate a member of staff to fulfill those duties.

History

(1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1971, c. 1166, s. 2; 1973, c. 859, s. 1; 1975, c. 211, ss. 1, 2; c. 713; 1977, c. 265, s. 21; c. 626, s. 1; c. 1129, s. 1; 1981, cc. 84, 221; 1983, c. 697; 1985, c. 763; 1991, c. 338, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 16; 1995, c. 243, s. 1; 1999-426, s. 7(a); 2001-319, ss. 1(a), 1(b), 11; 2004-203, s. 58; 2009-541, ss. 3, 4(a); 2017-6, s. 3; 2018-13, s. 3.3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section is part of former subsection (b) of G.S. 163-35, which was recodified as now former G.S. 163A-775 by Session Laws 2017-6, s. 3. Former G.S. 163A-775 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made subsection (e) of this section, as added by Session Laws 2018-13, s. 3.3, effective June 20, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-203, s. 58, effective August 17, 2004, in the second paragraph of subsection (b), inserted the eighth and ninth sentences, substituted "after the hearing" for "by the State Board of Elections," substituted "after the hearing" for "by the board," and added "or its designated member(s)" following "Elections"; in the second paragraph of subsection (b), inserted the fourth sentence, and substituted the last sentence for the former last sentence which read: "The State Board of Elections shall notify the chair of the county board of elections and the chair of the county board of commissioners that the State Board has initiated termination proceedings."; and deleted the last sentence of the last paragraph which read: "For the purposes of this subsection, the individual designated by the remaining four members of the State Board shall possess the same authority conferred upon the chairman pursuant to G.S. 163-23."

Session Laws 2009-541, ss. 3 and 4(a), effective August 28, 2009, added the present third sentence in the first paragraph of subsection (b); and, in the second paragraph of subsection (d), added the present second sentence and substituted "upon the director of elections" for "upon him" in the present third sentence.

Session Laws 2018-13, s. 3.3, added subsection (e). For effective date and applicability, see editor's note.

§ 163-36. Modified full-time offices.

The State Board of Elections shall promulgate rules permitting counties that have fewer than 6,501 registered voters to operate a modified full-time elections office to the extent that the operation of a full-time office is not necessary. Nothing in this section shall preclude any county from keeping an elections office open at hours consistent with the hours observed by other county offices.

History

(1993 (Reg. Sess., 1994), c. 762, s. 6; 1999-426, s. 8(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-776 by Session Laws 2017-6, s. 3. Former G.S. 163A-776 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-37. Duty of county board of commissioners.

The respective boards of county commissioners shall appropriate reasonable and adequate funds necessary for the legal functions of the county board of elections, including reasonable and just compensation of the director of elections.

History

(1999-424, s. 3(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-777 by Session Laws 2017-6, s. 3. Former G.S. 163A-777 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-37.1. Criminal history record checks of current and prospective employees of county boards of elections.

1. As used in this section, the term "current or prospective employee" means a current or prospective permanent or temporary employee of a county board of elections who has or will have access to the statewide computerized voter registration system maintained under G.S. 163-82.11 or has a position or function designated by the State Board as provided in G.S. 163-27.2.
2. The county board of elections shall require a criminal history record check of all current or prospective employees, which shall be conducted by the Department of Public Safety as provided in G.S. 143B-969. The criminal history report shall be provided to the county board of elections. A county board of elections shall provide the criminal history record of all current or prospective employees required by G.S. 163-27.2 to the Executive Director and the State Board. The criminal history report shall be kept confidential as provided in G.S. 143B-969(d) and is not a public record under Chapter 132 of the General Statutes.
3. If the current or prospective employee's verified criminal history record check reveals one or more convictions, the conviction shall constitute just cause for not selecting the person for employment, or for dismissing the person from current employment. The conviction shall not automatically prohibit employment.
4. The county board of elections may deny employment to or dismiss from employment a current or prospective employee who refuses to consent to a criminal history record check or to submit fingerprints or to provide other identifying information required by the State or National Repositories of Criminal Histories. Any such refusal shall constitute just cause for the employment denial or the dismissal from employment.
5. The county board of elections may extend a conditional offer of employment or appointment pending the results of a criminal history record check authorized by this section.
6. Neither appointment as a precinct official or assistant under Article 5 of this Chapter nor employment at a one-stop early voting location shall require a criminal history record check unless the official, assistant, or employee performs a function designated by the State Board pursuant to G.S. 163-27.2.

History

(2018-13, s. 1(d); 2018-146, s. 3.1(a).)

Editor's Note. - This section was enacted as now former G.S. 163A-795 by Session Laws 2018-13, s. 1(d). Former G.S. 163A-795 was then recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-13, s. 1(f), made this section effective August 1, 2018.

Session Laws 2018-13, s. 6, is a severability clause.

§ 163-38. Applicability of Article.

This Article applies to members and employees of the State Board of Elections and of each county board of elections. With regard to prohibitions in this Article concerning candidates, referenda, and committees, the prohibitions do not apply if the candidate or referendum will not be on the ballot in an area within the jurisdiction of the board, or if the political committee or referendum committee is not involved with an election or referendum that will be on the ballot in an area within the jurisdiction of the board.

History

(2000-114, s. 1; 2007-391, s. 14(a); 2011-31, s. 17; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-795 by Session Laws 2017-6, s. 3. Former G.S. 163A-795 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 14(a), effective January 1, 2008, added "and Employees" in the article catchline, and inserted "and employees" in the first sentence of this section.

Session Laws 2011-31, s. 17, effective April 7, 2011, deleted "and municipal" preceding "board of elections" in the first sentence.

§ 163-39. Limitation on political activities.

No individual subject to this Article shall:

1. Make written or oral statements intended for general distribution or dissemination to the public at large supporting or opposing the nomination or election of one or more clearly identified candidates for public office.
2. Make written or oral statements intended for general distribution or dissemination to the public at large supporting or opposing the passage of one or more clearly identified referendum proposals.
3. Solicit contributions for a candidate, political committee, or referendum committee.

Individual expressions of opinion, support, or opposition not intended for general public distribution shall not be deemed a violation of this Article. Nothing in this Article shall be deemed to prohibit participation in a political party convention as a delegate. Nothing in this Article shall be deemed to prohibit a board member or board employee from making a contribution to a candidate, political committee, or referendum committee. Nothing in this Article shall be deemed to prohibit a board member or board employee from advising other government entities as to technical matters related to election administration or revision of electoral district boundaries.

History

(2000-114, s. 1; 2007-391, s. 14(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-796 by Session Laws 2017-6, s. 3. Former G.S. 163A-796 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 14(a), effective January 1, 2008, inserted "or board employee" preceding "from making a contribution" in the third sentence of the last paragraph, and added the last sentence.

§ 163-40. Violation may be ground for removal.

A violation of this Article may be a ground to remove a State Board of Elections member under G.S. 143B-16 or a county board of elections member under G.S. 163-22(c). A violation of this Article may be a ground for dismissal of an employee of the State Board of Elections or of a county board of elections. No criminal penalty shall be imposed for a violation of this Article.

History

(2000-114, s. 1; 2007-391, s. 14(a); 2011-31, s. 18; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-797 by Session Laws 2017-6, s. 3. Former G.S. 163A-797 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 14(a), effective January 1, 2008, added the second sentence.

Session Laws 2011-31, s. 18, effective April 7, 2011, substituted "under G.S. 143B-16 or a county board of elections member under G.S. 163-22(c)" for "under G.S. 143B-16, a county board of elections member under G.S. 13-22(c), or a municipal board of elections member under G.S. 163-280(i)" in the first sentence.

§ 163-40.1. Definitions.

The provisions of Article 22A of this Chapter apply to the definition and proof of terms used in this Article.

History

(2000-114, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Cross References. - For definition sections in Article 23 of Chapter 163A, see 163A-1411, 163A-1475, and 163A-1495.

Editor's Note. - This section was recodified as now former G.S. 163A-798 by Session Laws 2017-6, s. 3. Former G.S. 163A-798 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-41. Precinct chief judges and judges of election; appointment; terms of office; qualifications; vacancies; oaths of office.

1. Appointment of Chief Judge and Judges. - At the meeting required by G.S. 163-31 to be held on the Tuesday following the third Monday in August of the year in which they are appointed, the county board of elections shall appoint one person to act as chief judge and two other persons to act as judges of election for each precinct in the county. Their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified, except that if a nonresident of the precinct is appointed as chief judge or judge for a precinct, that person's term of office shall end if the board of elections appoints a qualified resident of the precinct of the same party to replace the nonresident chief judge or judge. It shall be their duty to conduct the primaries and elections within their respective precincts. Persons appointed to these offices must be registered voters and residents of the county in which the precinct is located, of good repute, and able to read and write. Not more than one judge in each precinct shall belong to the same political party as the chief judge.
2. The term "precinct official" shall mean chief judges and judges appointed pursuant to this section, and all assistants appointed pursuant to G.S. 163-42, unless the context of a statute clearly indicates a more restrictive meaning.
3. The chairman of each political party in the county where possible shall recommend two registered voters in each precinct who are otherwise qualified, are residents of the precinct, have good moral character, and are able to read and write, for appointment as chief judge in the precinct, and he shall also recommend where possible the same number of similarly qualified voters for appointment as judges of election in that precinct. If such recommendations are received by the county board of elections no later than the fifth day preceding the date on which appointments are to be made, it must make precinct appointments from the names of those recommended. Provided that if only one name is submitted by the fifth day preceding the date on which appointments are to be made, by a party for judge of election by the chairman of one of the two political parties in the county having the greatest numbers of registered voters in the State, the county board of elections must appoint that person.
4. If, at any time other than on the day of a primary or election, a chief judge or judge of election shall be removed from office, or shall die or resign, or if for any other cause there be a vacancy in a precinct election office, the chairman of the county board of elections shall appoint another in his place, promptly notifying him of his appointment. If at all possible, the chairman of the county board of elections shall consult with the county chairman of the political party of the vacating official, and if the chairman of the county political party nominates a qualified voter of that precinct to fill the vacancy, the chairman of the county board of elections shall appoint that person. In filling such a vacancy, the chairman shall appoint a person who belongs to the same political party as that to which the vacating member belonged when appointed. If the chairman of the county board of elections did not appoint a person upon recommendation of the chairman of the party to fill such a vacancy, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter, and any successor must be a person nominated by the chairman of the party of the vacating officer.
5. As soon as practicable, following their training as prescribed in G.S. 163-82.24, each chief judge and judge of election shall take and subscribe the following oath of office to be administered by an officer authorized to administer oaths and file it with the county board of elections:
6. Special Registration Commissioners Abolished; Optional Training. - The office of special registration commissioner is abolished. The State Board  of Elections and county boards of elections may provide training to persons assisting in voter registration.
7. Publication of Names of Precinct Officials. - Immediately after appointing chief judges and judges as herein provided, the county board of elections shall publish the names of the persons appointed in some newspaper having general circulation in the county or, in lieu thereof, at the courthouse door, and shall notify each person appointed of his appointment, either by letter or by having a notice served upon him by the sheriff. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice.

No person shall be eligible to serve as a precinct official, as that term is defined above, who holds any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof.

No person shall be eligible to serve as a precinct official who is a candidate for nomination or election.

No person shall be eligible to serve as a precinct official who holds any office in a state, congressional district, county, or precinct political party or political organization, or who is a manager or treasurer for any candidate or political party, provided however that the position of delegate to a political party convention shall not be considered an office for the purpose of this subsection.

If the recommendations of the party chairs for chief judge or judge in a precinct are insufficient, the county board of elections by unanimous vote of all of its members may name to serve as chief judge or judge in that precinct registered voters in that precinct who were not recommended by the party chairs. If, after diligently seeking to fill the positions with registered voters of the precinct, the county board still has an insufficient number of officials for the precinct, the county board by unanimous vote of all of its members may appoint to the positions registered voters in other precincts in the same county who meet the qualifications other than residence to be precinct officials in the precinct, provided that where possible the county board shall seek and adopt the recommendation of the county chairman of the political party affected. In making its appointments, the county board shall assure, wherever possible, that no precinct has a chief judge and judges all of whom are registered with the same party. In no instance shall the county board appoint nonresidents of the precinct to a majority of the three positions of chief judge and judge in a precinct.

If any person appointed chief judge shall fail to be present at the voting place at the hour of opening the polls on primary or election day, or if a vacancy in that office shall occur on primary or election day for any reason whatever, the precinct judges of election shall appoint another to act as chief judge until such time as the chairman of the county board of elections shall appoint to fill the vacancy. If such appointment by the chairman of the county board of elections is not a person nominated by the county chairman of the political party of the vacating officer, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter. If a judge of election shall fail to be present at the voting place at the hour of opening the polls on primary or election day, or if a vacancy in that office shall occur on primary or election day for any reason whatever, the chief judge shall appoint another to act as judge until such time as the chairman of the county board of elections shall appoint to fill the vacancy. Persons appointed to fill vacancies shall, whenever possible, be chosen from the same political party as the person whose vacancy is being filled, and all such appointees shall be sworn before acting.

"I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State not inconsistent with the Constitution of the United States; that I will administer the duties of my office as chief judge of (judge of election in) ________ precinct, ________ County, without fear or favor; that I will not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or proposition; and that I will not keep or make any memorandum of anything occurring within a voting booth, unless I am called upon to testify in a judicial proceeding for a violation of the election laws of this State; so help me, God."

Notwithstanding the previous paragraph, a person appointed chief judge by the judges of election under this section, or appointed judge of election by the chief judge under this section may take the oath of office immediately upon appointment.

Before the opening of the polls on the morning of the primary or election, the chief judge shall administer the oath set out in the preceding paragraph to each assistant, and any judge of election not previously sworn, substituting for the words "chief judge of" the words "assistant in" or "judge of election in" whichever is appropriate.

History

(1901, c. 89, ss. 8, 9, 16; Rev., ss. 4307, 4308, 4309; C.S., ss. 5928, 5929, 5930; 1923, c. 111, s. 2; 1929, c. 164, s. 18; 1933, c. 165, s. 3; 1947, c. 505, s. 2; 1953, c. 843; c. 1191, s. 3; 1955, c. 800; 1957, c. 784, s. 1; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 435; c. 1223, s. 2; 1975, c. 159, ss. 3, 4; c. 711; c. 807, s. 1; 1979, c. 766, s. 1; c. 782; 1981, c. 628, ss. 1, 2; c. 954, ss. 2, 4; 1981 (Reg. Sess., 1982), c. 1265, s. 7; 1983, c. 617, s. 5; 1985, c. 387; c. 563, ss. 9, 10; c. 600, s. 7.1; c. 759, ss. 7, 7.1, 8; 1987, c. 80; c. 491, s. 4.1; 1987 (Reg. Sess., 1988), c. 1028, s. 12; 1989, c. 93, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 3; 1995 (Reg. Sess., 1996), c. 734, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification to Former G.S. 163-15. - Durham: 1937, c. 299.

Editor's Note. - This section was recodified as now former G.S. 163A-815 by Session Laws 2017-6, s. 3. Former G.S. 163A-815 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2020-17, s. 1(b), provides: "For an election held in 2020, notwithstanding G.S. 163-42(b), in making appointments of the precinct assistants for each precinct in a county, the county board of elections shall ensure that at least one precinct assistant is a registered voter of the precinct, but may appoint registered voters from other precincts of the same county as precinct assistants for the remaining positions if there are an insufficient number of precinct assistants who reside within the precinct to fill all positions for the precinct, provided that the registered voter meets all qualifications to be a precinct assistant other than residence. For an election held in 2020, notwithstanding G.S. 163-41(c), the county board of elections shall ensure that at least one position of chief judge or judge is a registered voter of the precinct, but may appoint a registered voter from other precincts of the same county to fill the other two positions of chief judge or judge in a precinct, provided that the registered voter meets all other qualifications to be a chief judge or judge other than residence."

Legal Periodicals. - For article, "Racial Gerrymandering and the Voting Rights Act in North Carolina," see 9 Campbell L. Rev. 255 (1987).

§ 163-41.1. Certain relatives prohibited from serving together.

1. The following categories of relatives are prohibited from serving as precinct officials of the same precinct: spouse, child, spouse of a child, sister or brother.
2. No precinct official who is the wife, husband, mother, father, son, daughter, brother or sister of any candidate for nomination or election may serve as precinct official during any primary or election in which such candidate participates. The county board of elections shall temporarily disqualify any such official for the specific primary or election involved and shall have authority to appoint a substitute official, from the same political party, to serve only during the primary or election at which such conflict exists.

History

(1975, c. 745; 1979, c. 411, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-816 by Session Laws 2017-6, s. 3. Former G.S. 163A-816 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-41.2. Discharge of precinct official unlawful.

1. No employer may discharge or demote any employee because the employee has been appointed as a precinct official and is serving as a precinct official on election day or canvass day.
2. An employee discharged or demoted in violation of this section shall be entitled to be reinstated to that employee's former position. The burden of proof shall be upon the employee.
3. The statute of limitations for actions under this section shall be one year pursuant to G.S. 1-54.
4. This section does not apply unless the employee provides the employer with not less than 30 days written notice, before the date the leave is to begin, of the employee's intention to take leave to serve as a precinct official.
5. As used in this section, "precinct official" has the same meaning as in G.S. 163-41(a).

History

(2001-169, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-817 by Session Laws 2017-6, s. 3. Former G.S. 163A-817 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-42. Assistants at polls; appointment; term of office; qualifications; oath of office.

1. Each county board of elections is authorized, in its discretion, to appoint two or more assistants for each precinct to aid the chief judge and judges. Not more than two assistants shall be appointed in precincts having 500 or less registered voters. Assistants shall be qualified voters of the county in which the precinct is located. When the board of elections determines that assistants are needed in a precinct an equal number shall be appointed from different political parties, unless the requirement as to party affiliation cannot be met because of an insufficient number of voters of different political parties within the county.
2. The chairman of each political party in the county shall have the right to recommend from three to 10 registered voters in each precinct for appointment as precinct assistants in that precinct. If the recommendations are received by it no later than the thirtieth day prior to the primary or election, the board shall make appointments of the precinct assistants for each precinct from the names thus recommended. If the recommendations of the party chairs for precinct assistant in a precinct are insufficient, the county board of elections by unanimous vote of all of its members may name to serve as precinct assistant in that precinct registered voters in that precinct who were not recommended by the party chairs. If, after diligently seeking to fill the positions with registered voters of the precinct, the county board still has an insufficient number of precinct assistants for the precinct, the county board by unanimous vote of all of its members may appoint to the positions registered voters in other precincts in the same county who meet the qualifications other than residence to be precinct officials in the precinct. In making its appointments, the county board shall assure, wherever possible, that no precinct has precinct officials all of whom are registered with the same party. In no instance shall the county board appoint nonresidents of the precinct to a majority of the positions as precinct assistant in a precinct.
3. In addition, a county board of elections by unanimous vote of all of its members may appoint any registered voter in the county as emergency election-day assistant, as long as that voter is otherwise qualified to be a precinct official. The State Board of Elections shall determine for each election the number of emergency election-day assistants each county may have, based on population, expected turnout, and complexity of election duties. The county board by unanimous vote of all of its members may assign emergency election-day assistants on the day of the election to any precinct in the county where the number of precinct officials is insufficient because of an emergency occurring within 48 hours of the opening of the polls that prevents an appointed precinct official from serving. A person appointed to serve as emergency election-day assistant shall be trained and paid like other precinct assistants in accordance with G.S. 163-46. A county board of elections shall apportion the appointments as emergency election-day assistant among registrants of each political party so as to make possible the staffing of each precinct with officials of more than one party, and the county board shall make assignments so that no precinct has precinct officials all of whom are registered with the same party.
4. Before entering upon the duties of the office, each assistant shall take the oath prescribed in G.S. 163-41(a) to be administered by the chief judge of the precinct for which the assistant is appointed. Assistants serve for the particular primary or election for which they are appointed, unless the county board of elections appoints them for a term to expire on the date appointments are to be made pursuant to G.S. 163-41.

In the discretion of the county board of elections, a precinct assistant may serve less than the full day prescribed for chief judges and judges in G.S. 163-47(a).

History

(1929, c. 164, s. 35; 1933, c. 165, s. 24; 1953, c. 1191, s. 3; 1967, c. 775, s. 1; 1973, c. 793, s. 95; c. 1359, ss. 1-3; 1975, c. 19, s. 67; 1977, c. 95, ss. 1, 2; 1981, c. 954, s. 3; 1983, c. 617, s. 4; 1985, c. 563, ss. 8, 8.1; 1993 (Reg. Sess., 1994), c. 762, s. 17; 1995 (Reg. Sess., 1996), c. 554, s. 1; c. 734, s. 2; 2011-31, s. 19; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

This section was recodified as now former G.S. 163A-818 by Session Laws 2017-6, s. 3. Former G.S. 163A-818 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2020-17, s. 1(b), provides: "For an election held in 2020, notwithstanding G.S. 163-42(b), in making appointments of the precinct assistants for each precinct in a county, the county board of elections shall ensure that at least one precinct assistant is a registered voter of the precinct, but may appoint registered voters from other precincts of the same county as precinct assistants for the remaining positions if there are an insufficient number of precinct assistants who reside within the precinct to fill all positions for the precinct, provided that the registered voter meets all qualifications to be a precinct assistant other than residence. For an election held in 2020, notwithstanding G.S. 163-41(c), the county board of elections shall ensure that at least one position of chief judge or judge is a registered voter of the precinct, but may appoint a registered voter from other precincts of the same county to fill the other two positions of chief judge or judge in a precinct, provided that the registered voter meets all other qualifications to be a chief judge or judge other than residence."

Effect of Amendments. - Session Laws 2011-31, s. 19, effective April 7, 2011, designated the first paragraph as subsection (a), and therein deleted "and municipal" preceding "board of elections" in the first sentence; and designated the third through fifth paragraphs as subsections (b) through (d), respectively.

Opinions of Attorney General

Appointment of Assistants in Each Precinct. - See opinion of Attorney General to Mr. Alex Brock, Executive Secretary, State Board of Elections, 40 N.C.A.G. 291 (1970).

§ 163-42.1. Student election assistants.

A student of at least 17 years of age at the time of any election or primary in which the student works shall be eligible to be appointed as a student election assistant. To be eligible a student must have all the following qualifications:

1. Be a United States citizen.
2. Be a resident of the county in which the student is appointed.
3. Be enrolled in a secondary educational institution, including a home school as defined in G.S. 115C-563(a), with an exemplary academic record as determined by that institution.
4. Be recommended by the principal or director of the secondary educational institution in which the student is enrolled.
5. Have the consent of a parent, legal custodian, or guardian.

The county board of elections may appoint student election assistants, following guidelines which shall be issued by the State Board of Elections. No more than two student election assistants shall be assigned to any voting place. Every student election assistant shall work under the direct supervision of the election judges. The student election assistants shall attend the same training as a precinct assistant, shall be sworn in the same manner as a precinct assistant, and shall be compensated in the same manner as precinct assistants. The county board of elections shall prescribe the duties of a student election assistant, following guidelines which shall be issued by the State Board of Elections. Under no circumstances may students ineligible to register to vote be appointed and act as precinct judges or observers in any election. The date of birth of a student election assistant shall be kept confidential.

History

(2003-278, s. 1; 2004-127, s. 17(e); 2017-6, s. 3; 2018-146, s. 3.1(a) (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-819 by Session Laws 2017-6, s. 3. Former G.S. 163A-819 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 17(e), effective June 1, 2005, added the last sentence to the paragraph following subdivision (5).

§ 163-43. Ballot counters; appointment; qualifications; oath of office.

The county board of elections of any county may authorize the use of precinct ballot counters to aid the chief judges and judges of election in the counting of ballots in any precinct or precincts within the county. The county board of elections shall appoint the ballot counters it authorizes for each precinct or, in its discretion, the board may delegate authority to make such appointments to the precinct chief judge, specifying the number of ballot counters to be appointed for each precinct. A ballot counter must be a resident of the county in which the precinct is located.

No person shall be eligible to serve as a ballot counter, who holds any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof.

No person shall be eligible to serve as a ballot counter, who serves as chairman of a state, congressional district, county, or precinct political party or political organization.

No person who is the wife, husband, mother, father, son, daughter, brother or sister of any candidate for nomination or election may serve as ballot counter during any primary or election in which such candidate qualifies.

No person shall be eligible to serve as a ballot counter who is a candidate for nomination or election.

Upon acceptance of appointment, each ballot counter shall appear before the precinct chief judge at the voting place immediately at the close of the polls on the day of the primary or election and take the following oath to be administered by the chief judge:

"I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State not inconsistent with the Constitution of the United States; that I will honestly discharge the duties of ballot counter in ________ precinct, ________ County for primary (or election) held this day, and that I will fairly and honestly tabulate the votes cast in said primary (or election); so help me, God."

The names and addresses of all ballot counters serving in any precinct, whether appointed by the county board of elections or by the chief judge, shall be reported by the chief judge to the county board of elections at the county canvass following the primary or election.

History

(1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1981, c. 954, s. 5; 1985, c. 563, s. 10.1; 1993 (Reg. Sess., 1994), c. 762, s. 18; 1995 (Reg. Sess., 1996), c. 734, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-820 by Session Laws 2017-6, s. 3. Former G.S. 163A-820 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-44: Repealed by Session Laws 1973, c. 793, s. 13.

§ 163-45. Observers; appointment.

1. 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. 163-227.2, 163-227.5, and 163-227.6 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.
2. 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.
3. An observer shall do no electioneering at the voting place, and shall in no manner impede the voting process or interfere or communicate with or observe any voter in casting a ballot, but, subject to these restrictions, the chief judge and judges of elections shall permit the observer to make such observation and take such notes as the observer may desire.
4. Whether or not the observer attends to the polls for the requisite time provided by this section, each observer shall be entitled to obtain at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart, a list of the persons who have voted in the precinct so far in that election day. Counties that use an "authorization to vote document" instead of poll books may comply with the requirement in the previous sentence by permitting each observer to inspect election records so that the observer may create a list of persons who have voted in the precinct so far that election day; each observer shall be entitled to make the inspection at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart.

If party chairs appoint observers at one-stop sites under G.S. 163-227.2, 163-227.5, and 163-227.6, 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.

Instead of having an observer receive the voting list, the county party chair may send a runner to do so, even if an observer has not been appointed for that precinct. The runner may be the precinct party chair or any person named by the county party chair. Each county party chair using runners in an election shall provide to the county board of elections before 10:00 A.M. on the fifth day before election day a list of the runners to be used. That party chair must notify the chair of the county board of elections or the board chair's designee of the names of all runners to be used in each precinct before the runner goes to the precinct. The runner may receive a voter list from the precinct on the same schedule as an observer. Whether obtained by observer or runner, each party is entitled to only one voter list at each of the scheduled times. No runner may enter the voting enclosure except when necessary to announce that runner's presence and to receive the list. The runner must leave immediately after being provided with the list.

History

(1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 14, 94; 1977, c. 453; 1991, c. 727, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 19; 1995 (Reg. Sess., 1996), c. 688, s. 1; c. 734, s. 4.1; 2005-428, s. 1(a); 2007-391, s. 22; 2008-187, s. 33(a); 2013-381, s. 11.1; 2017-6, s. 3; 2018-144, s. 3.3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-821 by Session Laws 2017-6, s. 3. Former G.S. 163A-821 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to effective dates of the 2007 act. Session Laws 2007-391, s. 22, which added the third paragraph, and in the last paragraph, added "even if an observer has not been appointed for that precint" at the end of the first sentence, and added the third sentence, is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Effect of Amendments. - Session Laws 2005-428, s. 1(a), effective January 1, 2006, and applicable to all primaries and elections held on or after that date, substituted "chair" for "chairman" throughout the section; in the first paragraph, added the penultimate sentence; in the third paragraph, substituted "the observer" for "him" and "he"; in the last paragraph, added the language "Instead of having an observer ... being provided with the list."; and made minor stylistic changes throughout.

Session Laws 2007-391, s. 22, effective August 19, 2007, added the third paragraph; and in the last paragraph, added "even if an observer has not been appointed for that precint" at the end of the first sentence, and added the third sentence.

Session Laws 2013-381, s. 11.1, effective January 1, 2014, redesignated the formerly undesignated provisions of this section as present subsections (a) through (d); in subsection (a), added the second and third sentences, and "except that in addition one of the at-large observers from each party may also be in the voting enclosure" in the fourth sentence; and, in subsection (b), added "except that the list of at-large observers authorized in subsection (a) of this section shall be submitted to the county director of elections" at the end of the first sentence, and similar language at the end of the second sentence, and "or at-large status" in the second sentence, and added the last sentence.

Session Laws 2018-144, s. 3.3, effective December 19, 2018, deleted "163A-1301" throughout; in subsection (a), added the third and ninth sentences, and inserted "by the chair of a county political party" preceding "must be registered voters."

§ 163-46. Compensation of precinct officials and assistants.

The precinct chief judge shall be paid the state minimum wage for his services on the day of a primary, special or general election. Judges of election shall each be paid the state minimum wage for their services on the day of a primary, special or general election. Assistants, appointed pursuant to G.S. 163-42, shall each be paid the state minimum wage for their services on the day of a primary, special or general election. Ballot counters appointed pursuant to G.S. 163-43 shall be paid a minimum of five dollars ($5.00) for their services on the day of a primary, general or special election. If an election official is being paid an hourly wage or daily fee on an election day and the official is performing additional election duties away from the assigned precinct voting place, the official shall not be entitled to any additional monies for those services, except for reimbursable expenses in performing the services.

If the county board of elections requests the presence of a chief judge or judge at the county canvass, the chief judge shall be paid the sum of twenty dollars ($20.00) per day and judges shall be paid the sum of fifteen dollars ($15.00) per day. If the county board of elections requests a precinct official, including chief judge or judge, to personally deliver official ballots or other official materials to the county board of elections, the precinct official shall be paid the sum of twenty dollars ($20.00) per day and judges shall be paid the sum of fifteen dollars ($15.00) per day.

The chairman of the county board of elections, along with the director of elections, shall conduct an instructional meeting prior to each primary and general election which shall be attended by each chief judge and judge of election, unless excused by the chairman, and such precinct election officials shall be paid the sum of fifteen dollars ($15.00) for attending the instructional meetings required by this section.

In its discretion, the board of county commissioners of any county may provide funds with which the county board of elections may pay chief judges, judges, assistants, and ballot counters in addition to the amounts specified in this section. Observers shall be paid no compensation for their services.

A person appointed to serve as chief judge, or judge of election when a previously appointed chief judge or judge fails to appear at the voting place or leaves his post on the day of an election or primary shall be paid the same compensation as the chief judge or judge appointed prior to that date.

For the purpose of this section, the phrase "the State minimum wage," means the amount set by G.S. 95-25.3(a). For the purpose of this section, no other provision of Article 2A of Chapter 95 of the General Statutes shall apply.

History

(1901, c. 89, s. 42; Rev., s. 4311; C.S., s. 5932; 1927, c. 260, s. 2; 1931, c. 254, s. 16; 1933, c. 165, s. 3; 1935, c. 421, s. 1; 1939, c. 264, s. 1; 1941, c. 304, s. 1; 1945, c. 758, s. 3; 1947, c. 505, s. 11; 1951, c. 1009, s. 1; 1953, c. 843; 1955, c. 800; 1957, c. 182, s. 2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1969, c. 24; 1971, c. 604; 1973, c. 793, ss. 15, 16, 94; 1977, c. 626, s. 1; 1979, c. 403; 1981, c. 796, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 20; 1995, c. 243, s. 1; 2001-398, s. 5; 2003-278, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a) (b).)

Local Modification. - Richmond: 1969, c. 507.

Local Modification to Former G.S. 163-20. - Beaufort: 1941, c. 304, s. 2; Bladen: 1935, c. 421; Chowan: 1941, c. 304, s. 2; Hyde: 1935, c. 421; 1941, c. 304, s. 2; Lincoln: 1963, c. 874; Mecklenburg: 1937, c. 382; Person: 1941, c. 304, s. 2; Wake: 1935, c. 421; Watauga: 1939, c. 264.

Editor's Note. - This section was recodified as now former G.S. 163A-822 by Session Laws 2017-6, s. 3. Former G.S. 163A-822 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2020-71, s. 1, provides: "Payments received by precinct officials and assistants under G.S. 163-46 for work performed during the period from September 1, 2020, until November 5, 2020, do not affect the computation of the individual's partial weekly benefit under G.S. 96-14.2(b)."

§ 163-47. Powers and duties of chief judges and judges of election.

1. The chief judges and judges of election shall conduct the primaries and elections within their respective precincts fairly and impartially, and they shall enforce peace and good order in and about the place of registration and voting. On the day of each primary and general and special election, the precinct chief judge and judges shall remain at the voting place from the time fixed by law for the commencement of their duties there until they have completed all those duties, and they shall not separate nor shall any one of them leave the voting place except for unavoidable necessity.
2. On the day of an election or primary, the chief judge shall have charge of the registration list for the purpose of passing on the registration of persons who present themselves at the polls to vote.
3. The chief judge and judges shall hear challenges of the right of registered voters to vote as provided by law.
4. The chief judge and judges shall count the votes cast in their precincts and make such returns of the same as is provided by law.
5. The chief judge and judges shall make such an accounting to the chairman of the county board of elections for ballots and for election supplies as is required by law.
6. The chief judge and judges of election shall act by a majority vote on all matters not assigned specifically by law to the chief judge or to a judge.

History

(1901, c. 89, s. 41; Rev., s. 4312; C.S., s. 5933; 1933, c. 165, s. 3; 1939, c. 263, s. 31/2; 1947, c. 505, s. 3; 1967, c. 775, s. 1; 1973, c. 793, s. 17; 1993 (Reg. Sess., 1994), c. 762, s. 4; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Orange: 1999-255, s. 6.

Editor's Note. - This section was recodified as now former G.S. 163A-823 by Session Laws 2017-6, s. 3. Former G.S. 163A-823 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-48. Maintenance of order at place of registration and voting.

The chief judge and judges of election shall enforce peace and good order in and about the place of registration and voting. They shall especially keep open and unobstructed the place at which voters or persons seeking to register or vote have access to the place of registration and voting. They shall prevent and stop improper practices and attempts to obstruct, intimidate, or interfere with any person in registering or voting. They shall protect challenger and witnesses against molestation and violence in the performance of their duties, and they may eject from the place of registration or voting any challenger or witness for violation of any provisions of the election laws. They shall prevent riots, violence, tumult, or disorder.

In the discharge of the duties prescribed in the preceding paragraph of this section, the chief judge and judges may call upon the sheriff, the police, or other peace officers to aid them in enforcing the law. They may order the arrest of any person violating any provision of the election laws, but such arrest shall not prevent the person arrested from registering or voting if he is entitled to do so. The sheriff, police officers, and other officers of the peace shall immediately obey and aid in the enforcement of any lawful order made by the precinct election officials in the enforcement of the election laws. The chief judge and judges of election of any precinct, or any two of such election officials, shall have the authority to deputize any person or persons as police officers to aid in maintaining order at the place of registration or voting.

History

(1901, c. 89, s. 72; Rev., s. 4376; C.S., s. 5977; 1955, c. 871, s. 4; 1967, c. 775, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 21; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-824 by Session Laws 2017-6, s. 3. Former G.S. 163A-824 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§§ 163-49 through 163-53: Reserved for future codification purposes.

SUBCHAPTER 03. QUALIFYING TO VOTE.

§ 163-54. Registration a prerequisite to voting.

Only such persons as are legally registered shall be entitled to vote in any primary or election held under this Chapter.

History

(1901, c. 89, s. 12; Rev., s. 4317; C.S., s. 5938; 1967, c. 775, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-840 by Session Laws 2017-6, s. 3. Former G.S. 163A-840 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-55. Qualifications to vote; exclusion from electoral franchise.

1. Residence Period for State Elections. - Every person born in the United States, and every person who has been naturalized, and who shall have resided in the State of North Carolina and in the precinct in which the person offers to vote for 30 days next preceding an election, shall, if otherwise qualified as prescribed in this Chapter, be qualified to vote in the precinct in which the person resides. Removal from one precinct to another in this State shall not operate to deprive any person of the right to vote in the precinct from which the person has removed until 30 days after the person's removal.
   1. Persons under 18 years of age.
   2. Any person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.
2. Precincts. - For purposes of qualification to vote in an election, a person's residence in a precinct shall be determined in accordance with G.S. 163-57. Qualification to vote in referenda shall be treated the same as qualification for elections to fill offices.
3. Elections. - For purposes of the 30-day residence requirement to vote in an election in subsection (a) of this section, the term "election" means the day of the primary, second primary, general election, special election, or referendum.

Except as provided in this Chapter, the following classes of persons shall not be allowed to vote in this State:

History

(19th amendt. U.S. Const.; amendt. State Const., 1920; 1901, c. 89, ss. 14, 15; Rev., ss. 4315, 4316; C.S., ss. 5936, 5937; Ex. Sess. 1920, c. 18, s. 1; 1933, c. 165, s. 4; 1945, c. 758, s. 7; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 1971, c. 1231, s. 1; 1973, c. 793, s. 18; 2005-2, s. 2; 2008-150, s. 5(a); 2009-541, s. 5; 2013-381, s. 49.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Cross References. - As to restoration of citizenship, see Chapter 13.

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-55. Qualifications to vote; exclusion from electoral franchise.

1. Residence Period for State Elections. - Every person born in the United States, and every person who has been naturalized, and who shall have resided in the State of North Carolina and in the precinct, ward, or other election district in which the person offers to vote for 30 days next preceding an election, shall, if otherwise qualified as prescribed in this Chapter, be qualified to vote in any election held in this State. Removal from one precinct, ward, or other election district to another in this State shall not operate to deprive any person of the right to vote in the precinct, ward, or other election district from which he has removed until 30 days after the person's removal.
   1. Persons under 18 years of age.
   2. Any person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.
2. Precincts and Election Districts. - For purposes of qualification to vote in an election, a person's residence in a precinct, ward, or election district shall be determined in accordance with G.S. 163-57. When an election district encompasses more than one precinct, then for purposes of those offices to be elected from that election district a person shall also be deemed to be resident in the election district which includes the precinct in which that person resides. An election district may include a portion of a county, an entire county, a portion of the State, or the entire State. When a precinct has been divided among two or more election districts for purposes of elections to certain offices, then with respect to elections to those offices a person shall be deemed to be resident in only that election district which includes the area of the precinct in which that person resides. Qualification to vote in referenda shall be treated the same as qualification for elections to fill offices.
3. Elections. - For purposes of the 30-day residence requirement to vote in an election in subsection (a) of this section, the term "election" means the day of the primary, second primary, general election, special election, or referendum.

Except as provided in this Chapter, the following classes of persons shall not be allowed to vote in this State:

Editor's Note. - This section was recodified as now former G.S. 163A-841 by Session Laws 2017-6, s. 3. Former G.S. 163A-841 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 1, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2005-2, s. 1, provides: "The General Assembly makes the following findings:

"(1) In 2003, the General Assembly enacted S.L. 2003-226, which contained a number of changes to the State's election laws, designed in part to implement provisions of the federal Help America Vote Act of 2002 (HAVA) in such a way as to avoid having separate laws for federal and State elections and otherwise to encourage and expand the exercise of the franchise. One such enactment was codified as G.S. 163-166.11, which spells out procedures for the casting of provisional official ballots. A voter's eligibility to cast a provisional official ballot depends on being a registered voter in the jurisdiction in which the voter seeks to vote. The 'jurisdiction' in which a voter in North Carolina registers to vote is the county. This is the unmistakable meaning of G.S. 163-82.1 and has not heretofore been challenged or questioned.

"(2) In S.L. 2003-226, the General Assembly expressly stated its intent to 'ensure that the State of North Carolina has a system for all elections that complies with the requirements for federal elections set forth in' HAVA. It was then and is now the intent of the General Assembly that the provisions of HAVA be broadly construed and that they be implemented in North Carolina in a manner to ensure a unified system of federal and State elections in compliance with HAVA.

"(3) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that any individual who is a registered voter in a county but whose name does not appear on the official list of registered voters at the voting place at which that voter appears be allowed to cast a provisional official ballot.

"(4) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that all provisional ballots be counted for all those ballot items for which a voter was eligible to vote. In enacting G.S. 163-166.11 in 2003, the General Assembly was fully mindful of and intended to reinforce the fact that prior statutory enactments in 2001 had already recognized the right of a voter to cast a provisional ballot and to have that ballot counted for all items for which that voter was eligible to vote. See G.S. 163-182.2(a)(4). Even prior to 2003, the General Statutes recognized the right of a registered voter to cast a provisional ballot and to have that ballot counted for all those items for which the voter was duly qualified to vote.

"(5) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that the State Board of Elections act in a manner that would result in a single system for federal and State elections, rather than one system for federal elections and another for State elections. In enacting G.S. 163-166.11 in 2003, the General Assembly was mindful of and intended to reinforce the fact that it had already provided in 2001 in G.S. 163-166.7(c)(6) that the State Board of Elections would adopt rules to ensure that voters 'not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.' The possibility of out-of-precinct provisional voting was thus recognized by the General Assembly as early as 2001.

"(6) The law regarding provisional ballots does not rest solely on G.S. 163-82.15(e), which addresses the narrow circumstance of 'Unreported Move[s] to Another Precinct Within the County.' Though that statute mentions two ways in which precinct officials may process registrants, it is not exclusive. G.S. 163-82.15(e) is part of the statutory Article on voter registration, rather than on voting, and should be read in that context. It was enacted in 1994, before provisional voting was codified in North Carolina. The enactment of G.S. 163-166.7(c)(6) in 2001 is the authority giving the State Board of Elections the duty to apply the broader laws of provisional voting, including G.S. 163-166.11. Any reading of G.S. 163-166.11 that would limit that statute's provisions to the narrower class of voting situations governed by the earlier enacted provisions of G.S. 163-82.15(e) would ignore the long-standing principle of statutory construction that statutes relating to the same subject matter should be reconciled in such a manner as to effect the scope and meaning of the later enactment and read in a manner that would tend most completely to secure the rights of all persons affected by the legislation. It was then and is now the intent of the General Assembly in enacting G.S. 163-166.11 to expand the exercise of the franchise, not to limit it or to restrict it by the terms of earlier and narrower enactments.

"(7) The State Board of Elections and all county boards of elections were following the intent of the General Assembly when they administered G.S. 163-166.11 and the earlier enacted statutes in G.S. 163-182.2(a)(4) and G.S. 163-166.7(c)(6) to count in whole or in part ballots cast by registered voters in the county who voted outside their resident precincts in the July 20, 2004, Primary, the August 17, 2004, Second Primary, and the November 2, 2004, General Election.

"(8) Several hundred thousand registered North Carolina voters cast ballots outside their resident precincts during the one-stop absentee balloting ('early voting') period pursuant to G.S. 163-227.2 prior to the General Election in November 2004, during the two primaries in 2004, and then on the date of the General Election in November 2004. There is no statutory basis upon which to distinguish out-of-precinct voting that occurred on the date of the General Election in November 2004 from out-of-precinct voting that occurred during the First and Second Primaries in 2004 or that occurred during the period of one-stop absentee ('early') voting prior to the General Election of 2004.

"(9) The General Assembly takes note of the fact that of those registered voters who happened to vote provisional ballots outside their resident precincts on the day of the November 2004 General Election, a disproportionately high percentage were African-American.

"(10) The General Assembly notes that in addition to provisional voting on the date of the General Election pursuant to G.S. 163-166.11, the General Statutes abound with provisions that allow voters to cast votes outside their resident precincts:

"a. Civilian absentee voting by mail, G.S. 163-226.

"b. Military and overseas citizens absentee voting, G.S. 163-245.

"c. One-stop absentee (early) voting, G.S. 163-227.2.

"d. Voting in a voting place on a lot adjacent to the precinct, G.S. 163-128.

"e. Temporarily voting in an adjacent precinct, G.S. 163-128.

"f. Voting in a precinct outside the voting place where no suitable facility exists inside it or adjacent to it, G.S. 163-130.1.

"g. Voting at a central location in the county by voters who no longer live in the precinct where their name is listed on registration lists, G.S. 163-82.15(e).

"All those provisions were enacted prior to G.S. 163-166.11. Most were enacted decades before. As many as 1,000,000 people in North Carolina may have cast out-of-precinct votes using all out-of-precinct methods in 2004.

"(11) It would be fundamentally unfair to discount the provisional official ballots cast by properly registered and duly qualified voters voting and acting in reliance on the statutes adopted by the General Assembly and administered by the State Board of Elections in accordance with its intent. Moreover, to subtract such ballots only from the count for the General Election of 2004 without also doing so for the First or Second Primaries of 2004 would create a bizarre result in which out-of-precinct provisional ballots are allowed to count for some elections but not others. The General Assembly did not and does not now intend to create such a system.

"(12) Even if the State Board of Elections had misread the language and intent of the General Statutes concerning provisional voting, which it did not do, it has been the long-standing and hitherto unquestioned law of this State, confirmed by prior decisions of the North Carolina Supreme Court, that an innocent voter's ballot shall not be disqualified because of errors or omissions by elections officials. This fundamental principle was adopted by Justice Samuel J. Ervin Jr. in the case of Owens v. Chaplin, 228 N.C. 705 (1948) using the following language:

'We can conceive of no principle which permits the disfranchisement of innocent voters for the mistake, or even the willful misconduct, of election officials in performing the duty cast upon them. The object of elections is to ascertain the popular will, and not to thwart it. The object of election laws is to secure the rights of duly-qualified electors, and not to defeat them.'

"See also Appeal of Judicial Review by Republican Candidates for Election in Clay County, 45 N.C. App. 556 (1980).

"The General Assembly endorses and reaffirms this fundamental principle.

"(13) It is the will of the people, as expressed through their representatives in the General Assembly, that the validity of the primaries and elections conducted in 2004 and certified by a county board of elections or the State Board of Elections, not be called into question by retroactively revisiting the propriety of provisional ballots cast by duly registered voters of a county.

"(14) To avoid all doubt and remove any possible future question as to the General Assembly's plain intent with respect to the subject of provisional voting, and to avoid misinterpretation of any other statute, the General Assembly enacts Sections 2 through 5 of this act."

Effect of Amendments. - Session Laws 2008-150, s. 5(a), effective August 2, 2008, added subsection (c).

Session Laws 2009-541, s. 5, effective August 28, 2009, substituted "Except as otherwise provided in this Chapter" for "Except as provided in G.S. 163-59" at the beginning of the second paragraph of subsection (a).

Session Laws 2013-381, s. 49.1, effective January 1, 2014, deleted "ward, or other election district" following "precinct" throughout subsection (a) and in subsection (b); in subsection (a), substituted "the precinct in which the person resides" for "any election held in this State" in the first sentence, and "the person" for "he" in the second sentence; and, in subsection (b), deleted "and Election Districts" following "Precincts" in the subsection heading, and deleted the former second, third and fourth sentences.

Editor's Note. - Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Legal Periodicals. - For note on the constitutionality of denying voting rights to convicted criminals, see 50 N.C.L. Rev. 903 (1972).

For comment, "State Durational Residence Requirements as a Violation of the Equal Protection Clause," see 3 N.C. Cent. L.J. 233 (1972).

For survey of 1972 case law on student suffrage, see 51 N.C.L. Rev. 1060 (1973).

For comment, "Lots of Squeeze, Little (or No) Juice: North Carolina's Habitual Misdemeanor Larceny Statute, a Law Where Results Do Not Justify Costs," see 97 N.C.L. Rev. 432 (2019).

§ 163-57. Residence defined for registration and voting.

All election officials in determining the residence of a person offering to register or vote, shall be governed by the following rules, so far as they may apply:

1. That place shall be considered the residence of a person in which that person's habitation is fixed, and to which, whenever that person is absent, that person has the intention of returning[, subject to the following:].
   1. In the event that a person's habitation is divided by a State, county, municipal, precinct, ward, or other election district, then the location of the bedroom or usual sleeping area for that person with respect to the location of the boundary line at issue shall be controlling as the residency of that person.
   2. If the person disputes the determination of residency, the person may request a hearing before the county board of elections making the determination of residency. The procedures for notice of hearing and the conduct of the hearing shall be as provided in G.S. 163-86. The presentation of an accurate and current determination of a person's residence and the boundary line at issue by map or other means available shall constitute prima facie evidence of the geographic location of the residence of that person.
   3. In the event that a person's residence is not a traditional residence associated with real property, then the location of the usual sleeping area for that person shall be controlling as to the residency of that person. Residence shall be broadly construed to provide all persons with the opportunity to register and to vote, including stating a mailing address different from residence address.
2. A person shall not be considered to have lost that person's residence if that person leaves home and goes into another state, county, municipality, precinct, ward, or other election district of this State, for temporary purposes only, with the intention of returning.
3. A person shall not be considered to have gained a residence in any county, municipality, precinct, ward, or other election district of this State, into which that person comes for temporary purposes only, without the intention of making that county, municipality, precinct, ward, or other election district a permanent place of abode.
4. If a person removes to another state or county, municipality, precinct, ward, or other election district within this State, with the intention of making that state, county, municipality, precinct, ward, or other election district a permanent residence, that person shall be considered to have lost residence in the state, county, municipality, precinct, ward, or other election district from which that person has removed.
5. If a person removes to another state or county, municipality, precinct, ward, or other election district within this State, with the intention of remaining there an indefinite time and making that state, county, municipality, precinct, ward, or other election district that person's place of residence, that person shall be considered to have lost that person's place of residence in this State, county, municipality, precinct, ward, or other election district from which that person has removed, notwithstanding that person may entertain an intention to return at some future time.
6. If a person goes into another state, county, municipality, precinct, ward, or other election district, or into the District of Columbia, and while there exercises the right of a citizen by voting in an election, that person shall be considered to have lost residence in that State, county, municipality, precinct, ward, or other election district from which that person removed.
7. School teachers who remove to a county, municipality, precinct, ward, or other election district in this State for the purpose of teaching in the schools of that county temporarily and with the intention or expectation of returning during vacation periods to live where their parents or other relatives reside in this State and who do not have the intention of becoming residents of the county, municipality, precinct, ward, or other election district to which they have moved to teach, for purposes of registration and voting shall be considered residents of the county, municipality, precinct, ward, or other election district in which their parents or other relatives reside.
8. If a person removes to the District of Columbia or other federal territory to engage in the government service, that person shall not be considered to have lost residence in this State during the period of such service unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence.
9. If a person removes to a county, municipality, precinct, ward, or other election district to engage in the service of the State government, that person shall not be considered to have lost residence in the county, municipality, precinct, ward, or other election district from which that person removed, unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence.
10. The establishment of a secondary residence by an elected official outside the district of the elected official shall not constitute prima facie evidence of a change of residence.
11. For the purpose of voting a spouse shall be eligible to establish a separate domicile.
12. So long as a student intends to make the student's home in the community where the student is physically present for the purpose of attending school while the student is attending school and has no intent to return to the student's former home after graduation, the student may claim the college community as the student's domicile. The student need not also intend to stay in the college community beyond graduation in order to establish domicile there. This subdivision is intended to codify the case law.

History

(19th amendt. U.S. Const.; amendt. State Const., 1920; 1901, c. 89, s. 15; Rev., s. 4316; C.S., s. 5937; Ex. Sess. 1920, c. 18, s. 1; 1933, c. 165, s. 4; 1945, c. 758, s. 7; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 1981, c. 184; 1991, c. 727, s. 5.1; 1993 (Reg. Sess., 1994), c. 762, s. 22; 2001-316, s. 1; 2005-428, s. 3(b); 2006-262, s. 2.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-842 by Session Laws 2017-6, s. 3. Former G.S. 163A-842 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2006-262, s. 5, provides: "Section 4 of this act becomes effective January 1, 2007. The remainder of this act is effective when it becomes law, except that any criminal penalty resulting from this act becomes effective October 1, 2006. Prosecutions for offenses committed before October 1, 2006, are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2005-428, s. 3(b), effective January 1, 2006, and applicable to all primaries and elections held on or after that date, added subdivisions (1)a. and (1)b.; substituted "county, municipality, precinct, ward, or other election district" for "state or county/county" throughout the section; and in subdivision (7), substituted "where" for "in the county in which," and inserted "in this State" following "reside."

Session Laws 2006-262, s. 2.1, effective August 27, 2006, in subdivision (1), inserted "that person" near the end of the introductory paragraph and added subdivision (1)c.

Legal Periodicals. - For survey of 1972 case law on student suffrage, see 51 N.C.L. Rev. 1060 (1973).

§ 163-59. Right to participate or vote in party primary.

No person shall be entitled to vote or otherwise participate in the primary election of any political party unless that person complies with all of the following:

1. Is a registered voter.
2. Has declared and has had recorded on the registration book or record the fact that the voter affiliates with the political party in whose primary the voter proposes to vote or participate.
3. Is in good faith a member of that party.

Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163-119 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph.

Any person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general election prior to the primary and then to vote in the primary after being registered. Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-82.6(d) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections.

History

(1915, c. 101, s. 5; 1917, c. 218; C.S., s. 6027; 1959, c. 1203, s. 6; 1967, c. 775, s. 1; 1971, c. 1166, s. 4; 1973, c. 793, s. 20; 1981, c. 33, s. 1; 1983, c. 324, s. 3; 1987, c. 408, s. 4; c. 457, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 5; 1993 (Reg. Sess., 1994), c. 762, s. 23; 2007-391, s. 28; 2008-187, s. 33(a); 2009-541, s. 6; 2013-381, s. 16.2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Cross References. - As to time for challenge other than on day of primary or election, see G.S. 163-84.

As to hearing on challenge made on day of primary or election, see G.S. 163-88.

As to definition of "political party" and creation of new parties, see G.S. 163-96.

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-59. Right to participate or vote in party primary.

No person shall be entitled to vote or otherwise participate in the primary election of any political party unless that person complies with all of the following:

(1) Is a registered voter.

(2) Has declared and has had recorded on the registration book or record the fact that the voter affiliates with the political party in whose primary the voter proposes to vote or participate.

(3) Is in good faith a member of that party.

Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163-119 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph.

Any person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general election prior to the primary and then to vote in the primary after being registered. Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-82.6(c) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections. Such a person also may register and vote in the primary and general election pursuant to G.S. 163-82.6A(f).

Editor's Note. - This section was recodified as now former G.S. 163A-843 by Session Laws 2017-6, s. 3. Former G.S. 163A-843 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 28, which deleted "or residence" following "qualified by age" in the first sentence of the last paragraph, is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 28, effective August 19, 2007, deleted "or residence" following "qualified by age" in the first sentence of the last paragraph.

Session Laws 2009-541, s. 6, effective August 28, 2009, in the first paragraph, substituted "unless that person complies with all of the following" for "unless he" at the end of the introductory language, deleted "and" at the end of subdivisions (1) and (2), and substituted both uses of "the voter" in subdivision (2) for "he"; and, in the last paragraph, deleted "or regular municipal election" following the first use of "general election" in the first sentence and following "general election" in the third sentence, and added the last sentence.

Session Laws 2013-381, s. 16.2, effective January 1, 2014, deleted the former last sentence in the last paragraph, which read: "Such a person also may register and vote in the primary and general election pursuant to G.S. 163-82.6A(f)."

Legal Periodicals. - For note, "North Carolina General Assembly Amends Election Laws to Allow Unaffiliated Voters to Vote in Party Primaries," see 66 N.C.L. Rev. 1208 (1988).

§§ 163-65 through 163-82: Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 1.

Editor's Note. - Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 72, effective July 16, 1994, provides for circumstances under which a voter registration application is valid if, before January 1, 1995, the applicant submits the form by mail or in person.

Former G.S. 163-66.1 had previously been repealed by Session Laws 1989 (Reg. Sess., 1990), c. 1066, s. 30; former G.S. 163-67.1 had previously been repealed by Session Laws 1973, c. 859, s. 2; former G.S. 163-68 had previously been repealed by Session Laws 1973, c. 793, s. 24; and former G.S. 163-73 had previously been repealed by Session Laws 1973, c. 793, s. 29.

§ 163-82.1. General principles of voter registration.

1. Prerequisite to Voting. - No person shall be permitted to vote who has not been registered under the provisions of this Article or registered as previously provided by law.
2. County Board's Duty to Register. - A county board of elections shall register, in accordance with this Article, every person qualified to vote in that county who makes an application in accordance with this Article.
3. Permanent Registration. - Every person registered to vote by a county board of elections in accordance with this Article shall remain registered until:
   1. The registrant requests in writing to the county board of elections to be removed from the list of registered voters; or
   2. The registrant becomes disqualified through death, conviction of a felony, or removal out of the county; or
   3. The county board of elections determines, through the procedure outlined in G.S. 163-82.14, that it can no longer confirm where the voter resides.

History

(1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c. 793, s. 25; 1975, c. 395; 1981, c. 39, s. 1; c. 87, s. 1; c. 308, s. 1; 1985, c. 211, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2009-541, s. 7(a); 2013-381, s. 12.1(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.1. General principles of voter registration

1. Prerequisite to Voting. - No person shall be permitted to vote who has not been registered under the provisions of this Article or registered as previously provided by law.
2. County Board's Duty to Register. - A county board of elections shall register, in accordance with this Article, every person qualified to vote in that county who makes an application in accordance with this Article.
3. Permanent Registration. - Every person registered to vote by a county board of elections in accordance with this Article shall remain registered until:
   1. The registrant requests in writing to the county board of elections to be removed from the list of registered voters; or
   2. The registrant becomes disqualified through death, conviction of a felony, or removal out of the county; or
   3. The county board of elections determines, through the procedure outlined in G.S. 163-82.14, that it can no longer confirm where the voter resides.
4. Preregistration. - A person who is at least 16 years of age but will not be 18 years of age by the date of the next election and who is otherwise qualified to register may preregister to vote and shall be automatically registered upon reaching the age of eligibility following verification of the person's qualifications and address in accordance with G.S. 163-82.7.

Editor's Note. - This section was recodified as now former G.S. 163A-860 by Session Laws 2017-6, s. 3. Former G.S. 163A-860 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 7(a), effective January 1, 2010, added subsection (d).

Session Laws 2013-381, s. 12.1(a), effective September 1, 2013, repealed subsection (d).

Legal Periodicals. - For article, "Fiduciary Voters?," see 66 Duke L.J. 331 (2016).

§ 163-82.2. Chief State Election Official.

The Executive Director of the State Board of Elections is the "Chief State Election Official" of North Carolina for purposes of P.L. 103-31, The National Voter Registration Act of 1993, subsequently referred to in this Article as the "National Voter Registration Act". As such the Executive Director is responsible for coordination of State responsibilities under the National Voter Registration Act.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 2001-319, s. 11; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-861 by Session Laws 2017-6, s. 3. Former G.S. 163A-861 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.3. Voter registration application forms.

1. Form Developed by State Board of Elections. - The State Board of Elections shall develop an application form for voter registration. Any person may use the form to apply to do any of the following:
   1. Register to vote.
   2. Change party affiliation or unaffiliated status.
   3. Report a change of address within a county.
   4. Report a change of name.
2. Interstate Form. - The county board of elections where an applicant resides shall accept as application for any of the purposes set out in subsection (a) of this section the interstate registration form designed by the Federal Election Commission pursuant to section 9 of the National Voter Registration Act, if the interstate form is submitted in accordance with G.S. 163-82.6.
3. Agency Application Form. - The county board of elections where an applicant resides shall accept as application for any of the purposes set out in subsection (a) of this section a form developed pursuant to G.S. 163-82.19 or G.S. 163-82.20.

The county board of elections for the county where the applicant resides shall accept the form as application for any of those purposes if the form is submitted as set out in G.S. 163-82.3.

History

(1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2009-541, s. 8(a); 2013-381, s. 12.1(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.3. Voter registration application forms

1. Form Developed by State Board of Elections. - The State Board of Elections shall develop an application form for voter registration. Any person may use the form to apply to do any of the following:
   1. Register to vote.
   2. Change party affiliation or unaffiliated status.
   3. Report a change of address within a county.
   4. Report a change of name.
   5. Preregister to vote.
2. Interstate Form. - The county board of elections where an applicant resides shall accept as application for any of the purposes set out in subsection (a) of this section the interstate registration form designed by the Federal Election Commission pursuant to section 9 of the National Voter Registration Act, if the interstate form is submitted in accordance with G.S. 163-82.6.
3. Agency Application Form. - The county board of elections where an applicant resides shall accept as application for any of the purposes set out in subsection (a) of this section a form developed pursuant to G.S. 163-82.19 or G.S. 163-82.20.

The county board of elections for the county where the applicant resides shall accept the form as application for any of those purposes if the form is submitted as set out in G.S. 163-82.3.

Editor's Note. - This section was recodified as now former G.S. 163A-862 by Session Laws 2017-6, s. 3. Former G.S. 163A-862 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 8(a), effective January 1, 2010, added subdivision (a)(5); and made minor punctuation changes in subdivisions (a)(1)-(3).

Session Laws 2013-381, s. 12.1(b), effective September 1, 2013, repealed subdivision (a)(5).

§ 163-82.4. Contents of application form.

1. Information Requested of Applicant. - The form required by G.S. 163-82.3(a) shall request the applicant's:
   1. Name,
   2. Date of birth,
   3. Residence address,
   4. County of residence,
   5. Date of application,
   6. Gender,
   7. Race,
   8. Ethnicity,
   9. Political party affiliation, if any, in accordance with subsection (d) of this section,
   10. Telephone number (to assist the county board of elections in contacting the voter if needed in processing the application),
   11. Drivers license number or, if the applicant does not have a drivers license number, the last four digits of the applicant's social security number,
2. No Drivers License or Social Security Number Issued. - The State Board shall assign a unique identifier number to an applicant for voter registration if the applicant has not been issued either a current and valid drivers license or a social security number. That unique identifier number shall serve to identify that applicant for voter registration purposes.
3. Notice of Requirements, Attestation, Notice of Penalty, and Notice of Confidentiality. - The form required by G.S. 163-82.3(a) shall contain, in uniform type, the following:
   1. A statement that specifies each eligibility requirement (including citizenship) and an attestation that the applicant meets each such requirement, with a requirement for the signature of the applicant, under penalty of a Class I felony under G.S. 163-275(13).
   2. A statement that, if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
   3. A statement that, if the applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
4. Party Affiliation or Unaffiliated Status. - The application form described in G.S. 163-82.3(a) shall provide a place for the applicant to state a preference to be affiliated with one of the political parties in G.S. 163-96, or a preference to be an "unaffiliated" voter. Every person who applies to register shall state his preference. If the applicant fails to declare a preference for a party or for unaffiliated status, that person shall be listed as "unaffiliated", except that if the person is already registered to vote in the county and that person's registration already contains a party affiliation, the county board shall not change the registrant's status to "unaffiliated" unless the registrant clearly indicates a desire in accordance with G.S. 163-82.17 for such a change. An unaffiliated registrant shall not be eligible to vote in any political party primary, except as provided in G.S. 163-119, but may vote in any other primary or general election. The application form shall so state.
5. Citizenship and Age Questions. -  Voter registration application forms shall include all of the following:
   1. The following question and statement:
      1. "Are you a citizen of the United States of America?" and boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the United States.
      2. "If you checked 'no' in response to this question, do not submit this form."
   2. The following question and statement:
      1. "Will you be 18 years of age on or before election day?" and boxes for the applicant to check to indicate whether the applicant will be 18 years of age or older on election day.
      2. "If you checked 'no' in response to this question, do not submit this form."
6. Correcting Registration Forms. - If the voter fails to complete any required item on the voter registration form but provides enough information on the form to enable the county board of elections to identify and contact the voter, the voter shall be notified of the omission and given the opportunity to complete the form at least by 5:00 P.M. on the day before the county canvass as set in G.S. 163-182.5(b). If the voter corrects that omission within that time and is determined by the county board of elections to be eligible to vote, the board shall permit the voter to vote. If the information is not corrected by election day, the voter shall be allowed to vote a provisional official ballot. If the correct information is provided to the county board of elections by at least 5:00 P.M. on the day before the county canvass, the board shall count any portion of the provisional official ballot that the voter is eligible to vote.

and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application. The form shall require the applicant to state whether currently registered to vote anywhere, and at what address, so that any prior registration can be cancelled. The portions of the form concerning race and ethnicity shall include as a choice any category shown by the most recent decennial federal census to compose at least one percent (1%) of the total population of North Carolina. The county board shall make a diligent effort to complete for the registration records any information requested on the form that the applicant does not complete, but no application shall be denied because an applicant does not state race, ethnicity, gender, or telephone number. The application shall conspicuously state that provision of the applicant's telephone number is optional. If the county board maintains voter records on computer, the free list provided under this subsection shall include telephone numbers if the county board enters the telephone number into its computer records of voters.

History

(1901, c. 89, s. 12; Rev., s. 4319; C.S., s. 5940; Ex. Sess. 1920, c. 93; 1933, c. 165, s. 5; 1951, c. 984, s. 1; 1953, c. 843; 1955, c. 800; c. 871, s. 2; 1957, c. 784, s. 2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1971, c. 1166, s. 6; 1973, c. 793, s. 27; c. 1223, s. 3; 1975, c. 234, s. 2; 1979, c. 135, s. 1; c. 539, ss. 1-3; c. 797, ss. 1, 2; 1981, c. 222; c. 308, s. 2; 1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1999-424, s. 7(c), (d); 1999-453, s. 8(a); 2003-226, s. 9; 2004-127, s. 4; 2005-428, s. 15; 2007-391, s. 20; 2008-187, s. 33(a); 2009-541, s. 9(a); 2013-381, s. 12.1(c); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.4. Contents of application form.

1. Information Requested of Applicant. - The form required by G.S. 163-82.3(a) shall request the applicant's:
   1. Name,
   2. Date of birth,
   3. Residence address,
   4. County of residence,
   5. Date of application,
   6. Gender,
   7. Race,
   8. Ethnicity,
   9. Political party affiliation, if any, in accordance with subsection (c) of this section,
   10. Telephone number (to assist the county board of elections in contacting the voter if needed in processing the application),
   11. Drivers license number or, if the applicant does not have a drivers license number, the last four digits of the applicant's social security number,
2. No Drivers License or Social Security Number Issued. - The State Board shall assign a unique identifier number to an applicant for voter registration if the applicant has not been issued either a current and valid drivers license or a social security number. That unique identifier number shall serve to identify that applicant for voter registration purposes.
3. Notice of Requirements, Attestation, Notice of Penalty, and Notice of Confidentiality. - The form required by G.S. 163-82.3(a) shall contain, in uniform type, the following:
   1. A statement that specifies each eligibility requirement (including citizenship) and an attestation that the applicant meets each such requirement, with a requirement for the signature of the applicant, under penalty of a Class I felony under G.S. 163-275(13).
   2. A statement that, if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
   3. A statement that, if the applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
4. Party Affiliation or Unaffiliated Status. - The application form described in G.S. 163-82.3(a) shall provide a place for the applicant to state a preference to be affiliated with one of the political parties in G.S. 163-96, or a preference to be an "unaffiliated" voter. Every person who applies to register shall state his preference. If the applicant fails to declare a preference for a party or for unaffiliated status, that person shall be listed as "unaffiliated", except that if the person is already registered to vote in the county and that person's registration already contains a party affiliation, the county board shall not change the registrant's status to "unaffiliated" unless the registrant clearly indicates a desire in accordance with G.S. 163-82.17 for such a change. An unaffiliated registrant shall not be eligible to vote in any political party primary, except as provided in G.S. 163-119, but may vote in any other primary or general election. The application form shall so state.
5. Citizenship and Age Questions. - Voter registration application forms shall include all of the following:
   1. The following question and statement:
      1. "Are you a citizen of the United States of America?" and boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the United States.
      2. "If you checked 'no' in response to this question, do not submit this form.
   2. The following questions and statement:
      1. "Will you be 18 years of age on or before election day?" and boxes for the applicant to check to indicate whether the applicant will be 18 years of age or older on election day.
      2. "Are you at least 16 years of age and understand that you must be 18 years of age on or before election day to vote?" and boxes for the applicant to check to indicate whether the applicant is at least 16 years of age and understands that the applicant must be at least 18 years of age or older by election day to vote.
      3. "If you checked 'no' in response to both of these questions, do not submit this form."
   3. Repealed by Session Laws 2009-541, s. 9(a), effective January 1, 2010.
6. Correcting Registration Forms. - If the voter fails to complete any required item on the voter registration form but provides enough information on the form to enable the county board of elections to identify and contact the voter, the voter shall be notified of the omission and given the opportunity to complete the form at least by 5:00 P.M. on the day before the county canvass as set in G.S. 163-182.5(b). If the voter corrects that omission within that time and is determined by the county board of elections to be eligible to vote, the board shall permit the voter to vote. If the information is not corrected by election day, the voter shall be allowed to vote a provisional official ballot. If the correct information is provided to the county board of elections by at least 5:00 P.M. on the day before the county canvass, the board shall count any portion of the provisional official ballot that the voter is eligible to vote.

and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application. The form shall require the applicant to state whether currently registered to vote anywhere, and at what address, so that any prior registration can be cancelled. The portions of the form concerning race and ethnicity shall include as a choice any category shown by the most recent decennial federal census to compose at least one percent (1%) of the total population of North Carolina. The county board shall make a diligent effort to complete for the registration records any information requested on the form that the applicant does not complete, but no application shall be denied because an applicant does not state race, ethnicity, gender, or telephone number. The application shall conspicuously state that provision of the applicant's telephone number is optional. If the county board maintains voter records on computer, the free list provided under this subsection shall include telephone numbers if the county board enters the telephone number into its computer records of voters.

Editor's Note. - This section was recodified as now former G.S. 163A-863 by Session Laws 2017-6, s. 3. Former G.S. 163A-863 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 20, which rewrote subsection (e), is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 4, substituted "163-275(13)" for "163-275(4)" at the end of subdivision (b)(1).

Session Laws 2007-391, s. 20, effective August 19, 2007, rewrote subsection (e).

Session Laws 2009-541, s. 9(a), effective January 1, 2010, rewrote subsection (d).

Session Laws 2013-381, s. 12.1(c), effective September 1, 2013, substituted "question" for "questions" in subdivision (d)(2); deleted sub-subdivision (d)(2)b.; and substituted "this question" for "both of these questions" in sub-subdivision (d)(2)c.

§ 163-82.5. Distribution of application forms.

The State Board of Elections shall make the forms described in G.S. 163-82.3 available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration drives.

History

(1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-864 by Session Laws 2017-6, s. 3. Former G.S. 163A-864 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.6. Acceptance of application forms.

1. How the Form May Be Submitted. - The county board of elections shall accept any form described in G.S. 163-82.3 if the applicant submits the form by mail, facsimile transmission, transmission of a scanned document, or in person. The applicant may delegate the submission of the form to another person. Any person who communicates to an applicant acceptance of that delegation shall deliver that form so that it is received by the appropriate county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be a Class 2 misdemeanor for any person to communicate to the applicant acceptance of that delegation and then fail to make a good faith effort to deliver the form so that it is received by the county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be an affirmative defense to a charge of failing to make a good faith effort to deliver a delegated form by the registration deadline that the delegatee informed the applicant that the form would not likely be delivered in time for the applicant to vote in the next election. It shall be a Class 2 misdemeanor for any person to sell or attempt to sell a completed voter registration form or to condition its delivery upon payment.
2. Misdemeanors. - It shall be a Class 2 misdemeanor for any person to do any of the following:
   1. To communicate to the applicant acceptance of the delegation described in subsection (a) of this section and then fail to make a good faith effort to deliver the form so that it is received by the county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be an affirmative defense to a charge of failing to make a good faith effort to deliver a delegated form by the registration deadline that the delegatee informed the applicant that the form would not likely be delivered in time for the applicant to vote in the next election.
   2. To sell or attempt to sell a completed voter registration form or to condition its delivery upon payment.
   3. To change a person's information on a voter registration form prior to its delivery to a county board of elections.
   4. To coerce a person into marking a party affiliation other than the party affiliation the person desires.
   5. To offer a person a voter registration form that has a party affiliation premarked unless the person receiving the form has requested the premarking.
3. Signature. - The form shall be valid only if signed by the applicant. An electronically captured signature, including signatures on applications generated by computer programs of third-party groups, shall not be valid on a voter registration form, except as provided in Article 21A of this Chapter. Notwithstanding the provisions of this subsection, an electronically captured image of the signature of a voter on an electronic voter registration form offered by a State agency shall be considered a valid signature for all purposes for which a signature on a paper voter registration form is used.
4. Registration Deadlines for a Primary or Election. - In order to be valid for a primary or election, the form:
   1. If submitted by mail, must be postmarked at least 25 days before the primary or election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the primary or election,
   2. If submitted in person, by facsimile transmission, or by transmission of a scanned document, must be received by the county board of elections by a time established by that board, but no earlier than 5:00 P.M., on the twenty-fifth day before the primary or election,
   3. If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the primary or election, except as provided in subsection (f) of this section.
5. If the application is submitted by facsimile transmission or transmission of a scanned document, a permanent copy of the completed, signed form shall be delivered to the county board no later than 20 days before the election.
6. Instances When Person May Register and Vote on Primary or Election Day. - If a person has become qualified to register and vote between the twenty-fifth day before a primary or election and primary or election day, then that person may apply to register on primary or election day by submitting an application form described in G.S. 163-82.3(a) or (b) to:
   1. A member of the county board of elections;
   2. The county director of elections; or
   3. The chief judge or a judge of the precinct in which the person is eligible to vote,
7. For purposes of subsection (f) of this section, persons who "become qualified to register and vote" during a time period:
   1. Include those who during that time period are naturalized as citizens of the United States or who are restored to citizenship after a conviction of a felony; but
   2. Do not include persons who reach the age of 18 during that time period, if those persons were eligible to register while 17 years old during an earlier period.
8. The county board of elections shall forward by electronic means any application submitted for the purpose of preregistration to the State Board of Elections. No later than 60 days prior to the first election in which the applicant will be legally entitled to vote, the State Board of Elections shall notify the appropriate county board of elections to verify the qualifications and address of the applicant in accordance with G.S. 163-82.7.

and, if the application is approved, that person may vote the same day. The official in subdivisions (1) through (3) of this subsection to whom the application is submitted shall decide whether the applicant is eligible to vote. The applicant shall present to the official written or documentary evidence that the applicant is the person he represents himself to be. The official, if in doubt as to the right of the applicant to register, may require other evidence satisfactory to that official as to the applicant's qualifications. If the official determines that the person is eligible, the person shall be permitted to vote in the primary or election and the county board shall add the person's name to the list of registered voters. If the official denies the application, the person shall be permitted to vote a challenged ballot under the provisions of G.S. 163-88.1, and may appeal the denial to the full county board of elections. The State Board of Elections shall promulgate rules for the county boards of elections to follow in hearing appeals for denial of primary or election day applications to register. No person shall be permitted to register on the day of a second primary unless he shall have become qualified to register and vote between the date of the first primary and the date of the succeeding second primary.

History

(1901, c. 89, ss. 18, 21; Rev., ss. 4322, 4323; C.S., ss. 5946, 5947; 1923, c. 111, s. 3; 1933, c. 165, s. 5; 1947, c. 475; 1953, c. 843; 1955, c. 800; 1957, c. 784, ss., 3, 4; 1961, c. 382; 1963, c. 303, ss. 1, 2; 1967, c. 761, s. 3; c. 775, s. 1; 1969, c. 750, ss. 1, 2; 1977, c. 626, s. 1; 1979, c. 539, s. 5; c. 766, s., 2; 1981, c. 33, s. 2; 1981 (Reg. Sess., 1982), c. 1265, s. 6; 1983, c. 553; 1985, c. 260, s. 1; 1991, c. 363, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 1; 1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 243, s. 1; 1997-456, s. 27; 1999-426, s. 1(a), (b); 2001-315, s. 1; 2001-319, s. 6(a); 2003-226, s. 4; 2004-127, s. 9(a); 2007-253, s. 2; 2007-391, s. 16(a); 2008-150, s. 5(d), (e); 2009-541, s. 10(a); 2013-381, ss. 13.1, 16.3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.6. Acceptance of application forms

1. How the Form May Be Submitted. - The county board of elections shall accept any form described in G.S. 163-82.3 if the applicant submits the form by mail, facsimile transmission, transmission of a scanned document, or in person. The applicant may delegate the submission of the form to another person. Any person who communicates to an applicant acceptance of that delegation shall deliver that form so that it is received by the appropriate county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (c) of this section for the next election. It shall be a Class 2 misdemeanor for any person to communicate to the applicant acceptance of that delegation and then fail to make a good faith effort to deliver the form so that it is received by the county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (c) of this section for the next election. It shall be an affirmative defense to a charge of failing to make a good faith effort to deliver a delegated form by the registration deadline that the delegatee informed the applicant that the form would not likely be delivered in time for the applicant to vote in the next election. It shall be a Class 2 misdemeanor for any person to sell or attempt to sell a completed voter registration form or to condition its delivery upon payment.
2. Misdemeanors. - It shall be a Class 2 misdemeanor for any person to do any of the following:
   1. To communicate to the applicant acceptance of the delegation described in subsection (a) of this section and then fail to make a good faith effort to deliver the form so that it is received by the county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (c) of this section for the next election. It shall be an affirmative defense to a charge of failing to make a good faith effort to deliver a delegated form by the registration deadline that the delegatee informed the applicant that the form would not likely be delivered in time for the applicant to vote in the next election.
   2. To sell or attempt to sell a completed voter registration form or to condition its delivery upon payment.
   3. To change a person's information on a voter registration form prior to its delivery to a county board of elections
   4. To coerce a person into marking a party affiliation other than the party affiliation the person desires.
   5. To offer a person a voter registration form that has a party affiliation premarked unless the person receiving the form has requested the premarking.
3. Signature. - The form shall be valid only if signed by the applicant. An electronically captured signature, including signatures on applications generated by computer programs of third-party groups, shall not be valid on a voter registration form, except as provided in Article 21A of this Chapter. Notwithstanding the provisions of this subsection, an electronically captured image of the signature of a voter on an electronic voter registration form offered by a State agency shall be considered a valid signature for all purposes for which a signature on a paper voter registration form is used.
4. Registration Deadlines for a Primary or Election. - In order to be valid for a primary or election, except as provided in G.S. 163-82.6A, the form:
   1. If submitted by mail, must be postmarked at least 25 days before the primary or election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the primary or election,
   2. If submitted in person, by facsimile transmission, or by transmission of a scanned document, must be received by the county board of elections by a time established by that board, but no earlier than 5:00 P.M., on the twenty-fifth day before the primary or election,
   3. If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the primary or election, except as provided in subsection (d) of this section.
5. If the application is submitted by facsimile transmission or transmission of a scanned document, a permanent copy of the completed, signed form shall be delivered to the county board no later than 20 days before the election.
6. Instances When Person May Register and Vote on Primary or Election Day. - If a person has become qualified to register and vote between the twenty-fifth day before a primary or election and primary or election day, then that person may apply to register on primary or election day by submitting an application form described in G.S. 163-82.3(a) or (b) to:
   1. A member of the county board of elections;
   2. The county director of elections; or
   3. The chief judge or a judge of the precinct in which the person is eligible to vote,
7. For purposes of subsection (d) of this section, persons who "become qualified to register and vote" during a time period:
   1. Include those who during that time period are naturalized as citizens of the United States or who are restored to citizenship after a conviction of a felony; but
   2. Do not include persons who reach the age of 18 during that time period, if those persons were eligible to register while 17 years old during an earlier period.
8. The county board of elections shall forward by electronic means any application submitted for the purpose of preregistration to the State Board of Elections. No later than 60 days prior to the first election in which the applicant will be legally entitled to vote, the State Board of Elections shall notify the appropriate county board of elections to verify the qualifications and address of the applicant in accordance with G.S. 163-82.7.

and, if the application is approved, that person may vote the same day. The official in subdivisions (1) through (3) of this subsection to whom the application is submitted shall decide whether the applicant is eligible to vote. The applicant shall present to the official written or documentary evidence that the applicant is the person he represents himself to be. The official, if in doubt as to the right of the applicant to register, may require other evidence satisfactory to that official as to the applicant's qualifications. If the official determines that the person is eligible, the person shall be permitted to vote in the primary or election and the county board shall add the person's name to the list of registered voters. If the official denies the application, the person shall be permitted to vote a challenged ballot under the provisions of G.S. 163-88.1, and may appeal the denial to the full county board of elections. The State Board of Elections shall promulgate rules for the county boards of elections to follow in hearing appeals for denial of primary or election day applications to register. No person shall be permitted to register on the day of a second primary unless he shall have become qualified to register and vote between the date of the first primary and the date of the succeeding second primary.

Editor's Note. - This section was recodified as now former G.S. 163A-865 by Session Laws 2017-6, s. 3. Former G.S. 163A-865 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Former subsection (d) of this section was renumbered as subsections (d) and (e) pursuant to Session Laws 1997-456, s. 27 which authorized the Revisor of Statutes to renumber or reletter sections and parts of sections having a number or letter designation that is incompatible with the General Assembly's computer database.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2007-253, s. 4, provides: "The State Board of Elections shall monitor the implementation of this act and determine the feasibility and timetable for expanding same-day registration and voting to all voting places on Election Day. The State Board shall report its findings no later than March 1, 2009, to the Joint Legislative Commission on Governmental Operations of the General Assembly."

Session Laws 2007-253, s. 5, provides: "Sections 1, 2, and 3 of this act become effective as follows:

"(1) If preclearance under Section 5 of the Voting Rights Act of 1965 is obtained before September 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after October 9, 2007.

"(2) If preclearance is obtained during September 2007, those sections are effective with regard to registration and voting for any primary or election held on or after November 6, 2007.

"(3) If preclearance is obtained on or after October 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after the 60th day after preclearance is obtained." Session Laws 2007-253 received preclearance from the U.S. Department of Justice by letter dated August 16, 2007.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act."

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(a), (b), provided for certain elections relief and accommodations, applicable for the November 2018 election only, in response to Hurricane Florence and its aftermath.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 9(a), effective July 26, 2004, inserted "transmission of a scanned document," in the first sentence of subsection (a); in subdivision (c)(2), inserted "or by transmission of a scanned document" and made a related change; inserted "or transmission of a scanned document" in subsection (c1); and made minor punctuation changes throughout.

Session Laws 2007-253, s. 2, effective with regard to registration and voting for primaries or elections held on or after October 9, 2007, inserted " except as provided in G.S. 163-82.6A" in subsection (c). For effective date, see Editor's Notes.

Session Laws 2007-391, s. 16(a), effective December 1, 2007, and applicable to any offense committed on or after that date, rewrote former subsection (a), dividing it into present subsections (a) and (a1); in subsection (a1), added "to do any of the following" at the end of the introductory paragraph, inserted "described in subsection (a) of this section" in subdivision (a1)(1), deleted "It shall be a Class 2 misdemeanor for any person" preceding "To sell" in subdivision (a1)(2), added subdivisions (a1)(3) through (5), and made minor stylistic changes.

Session Laws 2008-150, s. 5(d) and (e), effective August 2, 2008, in subsections (c) and (d), substituted "a primary or election" for "an election" each time it appears in the introductory language, and inserted "primary or" before "election" throughout.

Session Laws 2009-541, s. 10(a), effective January 1, 2010, added subsection (f).

Session Laws 2013-381, s. 13.1, effective January 1, 2014, in subsection (b), added the second sentence and "Notwithstanding the provisions of this subsection" in the third sentence.

Session Laws 2013-381, s. 16.3, effective January 1, 2014, deleted "except as provided in G.S. 163-82.6A" following "primary or election" in subsection (c).

§ 163-82.6A. Address and name changes at one-stop sites.

Change of Registration at One-Stop Voting Site. - A person who is already registered to vote in the county may update the information in the registration record in accordance with procedures prescribed by the State Board of Elections, but an individual's party affiliation may not be changed during the one-stop voting period before any first or second partisan primary in which the individual is eligible to vote.

History

(2007-253, s. 1; 2009-541, s. 11; 2013-381, ss. 16.1, 16.1A; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.6A. In-person registration and voting at one-stop sites.

1. Who May Register in Person. - In accordance with the provisions in this section, an individual who is qualified to register to vote may register in person and then vote at a one-stop voting site in the person's county of residence during the period for one-stop voting provided under G.S. 163-227.2. For purposes of this section, a one-stop voting site includes the county board of elections office, if that office is used for one-stop voting.
2. Both Attestation and Proof of Residence Required. - To register and vote under this section, the person shall do both of the following:
   1. Complete a voter registration form as prescribed in G.S. 163-82.4, including the attestation requirement of G.S. 163-82.4(b) that the person meets each eligibility requirement. Such attestation is signed under penalty of a Class I felony under G.S. 163-275(13); and
   2. Provide proof of residence by presenting any of the following valid documents that show the person's current name and current residence address: a North Carolina drivers license, a photo identification from a government agency, or any of the documents listed in G.S. 163- 166.12(a)(2). The State Board of Elections may designate additional documents or methods that suffice and shall prescribe procedures for establishing proof of residence.
3. Voting With Retrievable Ballot. - A person who registers under this section shall vote a retrievable absentee ballot as provided in G.S. 163-227.2 immediately after registering. If a person declines to vote immediately, the registration shall be processed, and the person may later vote at a one-stop voting site under this section in the same election.
4. Verification of Registration; Counting of Ballot. - Within two business days of the person's registration under this section, the county board of elections in conjunction with the State Board of Elections shall verify the North Carolina drivers license or Social Security number in accordance with G.S. 163-82.12, update the statewide registration database and search for possible duplicate registrations, and proceed under G.S. 163-82.7 to verify the person's address. The person's vote shall be counted unless the county board determines that the applicant is not qualified to vote in accordance with the provisions of this Chapter.
5. Change of Registration at One-Stop Voting Site. - A person who is already registered to vote in the county may update the information in the registration record in accordance with procedures prescribed by the State Board of Elections, but an individual's party affiliation may not be changed during the one-stop voting period before any first or second partisan primary in which the individual is eligible to vote.
6. Voting in Primary. - Any person who will become qualified by age to register and vote in the general election for which a partisan or nonpartisan primary is held, even though not so qualified by the date of the primary, may register for the primary and general election prior to the primary and then vote in the primary and general election after being registered in accordance with the provisions of this section.

Editor's Note. - This section was recodified as now former G.S. 163A-866 by Session Laws 2017-6, s. 3. Former G.S. 163A-866 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-253, s. 4, provides: "The State Board of Elections shall monitor the implementation of this act and determine the feasibility and timetable for expanding same-day registration and voting to all voting places on Election Day. The State Board shall report its findings no later than March 1, 2009, to the Joint Legislative Commission on Governmental Operations of the General Assembly."

Session Laws 2007-253, s. 5, makes this section effective with regard to registration and voting for primaries or elections held on or after October 9, 2007.

Session Laws 2007-253, s. 5, provides: "Sections 1, 2, and 3 of this act become effective as follows:

"(1) If preclearance under Section 5 of the Voting Rights Act of 1965 is obtained before September 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after October 9, 2007.

"(2) If preclearance is obtained during September 2007, those sections are effective with regard to registration and voting for any primary or election held on or after November 6, 2007.

"(3) If preclearance is obtained on or after October 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after the 60th day after preclearance is obtained.

"The remainder of this act is effective when it becomes law. The State Board of Elections may adopt any necessary procedures to implement this act at any time after this act becomes law."

Session Laws 2007-253 received preclearance from the U.S. Department of Justice by letter dated August 16, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 11, effective August 28, 2009, added subsection (f).

Session Laws 2013-381, ss. 16.1 and 16.1A, effective January 1, 2014, rewrote the section heading, which formerly read "In-person registration and voting at one-stop sites; and repealed subsections (a) through (d) and (f).

§ 163-82.7. Verification of qualifications and address of applicant; denial or approval of application.

1. Tentative Determination of Qualification. - When a county board of elections receives an application for registration submitted pursuant to G.S. 163-82.6, the board either:
   1. Shall make a determination that the applicant is not qualified to vote at the address given, or
   2. Shall make a tentative determination that the applicant is qualified to vote at the address given, subject to the mail verification notice procedure outlined in subsection (c) of this section
2. Denial of Registration. - If the county board of elections makes a determination pursuant to subsection (a) of this section that the applicant is not qualified to vote at the address given, the board shall send, by certified mail, a notice of denial of registration. The notice of denial shall contain the date on which registration was denied, and shall be mailed within two business days after denial. The notice of denial shall inform the applicant of alternatives that the applicant may pursue to exercise the franchise. If the applicant disagrees with the denial, the applicant may appeal the decision under G.S. 163-82.18.
3. Verification of Address by Mail. - If the county board of elections tentatively determines that the applicant is qualified to vote at the address given, then the county board shall send a notice to the applicant, by nonforwardable mail, at the address the applicant provides on the application form. The notice shall state that the county will register the applicant to vote if the Postal Service does not return the notice as undeliverable to the county board. The notice shall also inform the applicant of the precinct and voting place to which the applicant will be assigned if registered.
4. Approval of Application. - If the Postal Service does not return the notice as undeliverable, the county board shall register the applicant to vote.
5. Second Notice if First Notice Is Returned as Undeliverable. - If the Postal Service returns the notice as undeliverable, the county board shall send a second notice by nonforwardable mail to the same address to which the first was sent. If the second notice is not returned as undeliverable, the county board shall register the applicant to vote.
6. Denial of Application Based on Lack of Verification of Address. - If the Postal Service returns as undeliverable the notice sent by nonforwardable mail pursuant to subsection (e) of this section, the county board shall deny the application. The county board need not try to notify the applicant further.
7. Voting When Verification Process Is Incomplete. - In cases where an election occurs before the process of verification outlined in this section has had time to be completed, the county board of elections shall be guided by the following rules:
   1. If the county board has made a tentative determination that an applicant is qualified to vote under subsection (a) of this section, then that person shall not be denied the right to vote in person in an election unless the Postal Service has returned as undeliverable two notices to the applicant: one mailed pursuant to subsection (c) of this section and one mailed pursuant to subsection (e) of this section. This subdivision does not preclude a challenge to the voter's qualifications under Article 8 of this Chapter.
   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. 163-227.2, 163-227.5, and 163-227.6. The county board of elections shall establish a procedure at the voting site for:
      1. Obtaining the correct address of any person described in this subdivision who appears to vote in person; and
      2. Assuring that the person votes in the proper place and in the proper contests.
   3. If a notice sent pursuant to subsection (c) or (e) of this section is returned by the Postal Service as undeliverable after a person has already voted in an election, then the county board shall treat the person as a registered voter but shall send a confirmation mailing pursuant to G.S. 163-82.14(d)(2) and remove or retain the person on the registration records in accordance with that subdivision.

within a reasonable time after receiving the application.

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. 163-89.

History

(1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1999-455, s. 16; 2017-6, s. 3; 2018-144, s. 3.4(a); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-867 by Session Laws 2017-6, s. 3. Former G.S. 163A-867 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018 144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

§ 163-82.7A: Repealed by Session Laws 2018-144, s. 3.1(a), effective December 19, 2018.

History

(2013-381, s. 2.3; 2017-6, s. 3; repealed by 2018-144, s. 3.1(a), effective December 19, 2018.)

Editor's Note. - Former G.S. 163A-868 was formerly G.S. 163-82.7A, as recodified by Session Laws 2017-6, s. 3, and pertained to the declaration of religious objection to photograph.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

§ 163-82.8. Voter registration cards.

1. Authority to Issue Card. - With the approval of the board of county commissioners, the county board of elections may issue to each voter in the county a voter registration card, or may issue cards to all voters registered after January 1, 1995.
2. Content and Format of Card. - At a minimum, the voter registration card shall:
   1. List the voter's name, address, and voting place;
   2. Contain the address and telephone number of the county board of elections, along with blanks to report a change of address within the county, change of name, and change of party affiliation; and
   3. Be wallet size.
3. Ways County Board and Registrant May Use Card. - If the county board of elections issues voter registration cards, the county board may use that card as a notice of tentative approval of the voter's application pursuant to G.S. 163-82.7(c), provided that the mailing contains the statements and information required in that subsection. The county board may also satisfy the requirements of G.S. 163-82.15(b), 163-82.16(b), or 163-82.17(b) by sending the registrant a replacement of the voter registration card to verify change of address, change of name, or change of party affiliation. A registrant may use the card to report a change of address, change of name, or change of party affiliation, satisfying G.S. 163-82.15, 163-82.16, or 163-82.17.
4. Card as Evidence of Registration. - A voter registration card shall be evidence of registration but shall not preclude a challenge as permitted by law.
5. 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.

No voter registration card may be issued by a county board of elections unless the State Board has approved the format of the card.

History

(1901, c. 89, ss. 18, 21; Rev., ss. 4322, 4323; C.S., ss. 5946, 5947; 1923, c. 111, s. 3; 1933, c. 165, s. 5; 1947, c. 475; 1953, c. 843; 1955, c. 800; 1957, c. 784, ss. 3, 4; 1961, c. 382; 1963, c. 303, ss. 1, 2; 1967, c. 761, s. 3; c. 775, s. 1; 1969, c. 750, ss. 1, 2; 1977, c. 626, s. 1; 1979, c. 539, s. 5; c. 766, s. 2; 1981, c. 33, s. 2; 1981 (Reg. Sess., 1982), c. 1265, s. 6; 1983, c. 553; 1985, c. 260, s. 1; 1991, c. 363, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2015-103, s. 8(f); 2017-6, s. 3; 2018-144, s. 3.1(b); 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.8. Voter registration cards.

1. Authority to Issue Card. - With the approval of the board of county commissioners, the county board of elections may issue to each voter in the county a voter registration card, or may issue cards to all voters registered after January 1, 1995.
2. Content and Format of Card. - At a minimum, the voter registration card shall:
   1. List the voter's name, address, and voting place;
   2. Contain the address and telephone number of the county board of elections, along with blanks to report a change of address within the county, change of name, and change of party affiliation; and
   3. Be wallet size. No voter registration card may be issued by a county board of elections unless the State Board of Elections has approved the format of the card.
3. Ways County Board and Registrant May Use Card. - If the county board of elections issues voter registration cards, the county board may use that card as a notice of tentative approval of the voter's application pursuant to G.S. 163-82.7(c), provided that the mailing contains the statements and information required in that subsection. The county board may also satisfy the requirements of G.S. 163-82.15(b), 163-82.16(b), or 163-82.17(b) by sending the registrant a replacement of the voter registration card to verify change of address, change of name, or change of party affiliation. A registrant may use the card to report a change of address, change of name, or change of party affiliation, satisfying G.S. 163-82.15, 163-82.16, or 163-82.17.
4. Card as Evidence of Registration. - A voter registration card shall be evidence of registration but shall not preclude a challenge as permitted by law.
5. 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.

Editor's Note. - This section was recodified as now former G.S. 163A-869 by Session Laws 2017-6, s. 3. Former G.S. 163A-869 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2015-103, s. 8(h), made the amendment to subsection (e) of this section by Session Laws 2015-103, s. 8(f), applicable to primaries and elections conducted on or after January 1, 2016.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2015-103, s. 8(f), effective January 1, 2016, added the second sentence of subsection (e). For applicability, see editor's note.

Session Laws 2018-144, s. 3.1(b), effective December 19, 2018, deleted the second sentence of subsection (e), which read, "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."

§ 163-82.8A. Voter photo identification cards.

1. 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.
2. 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.
3. 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.
4. 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. 163-227.2 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."
5. 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.

History

(2018-144, s. 1.1(a); 2018-146, s. 3.1(a).)

Editor's Note. - This section was enacted as now former G.S. 163A-869.1 by Session Laws 2018-144, s. 1.1(a). Former G.S. 163A-869.1 was then recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-144, s. 1.1(a), made this section effective December 19, 2018.

Session Laws 2018-144, s. 1.1(b), provides: "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."

Session Laws 2018-144, s. 1.5(a)-(d), provides: "(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.

"(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.

"(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.

"(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."

Session Laws 2018-146, s. 2, provides: "If Senate Bill 824, 2017 Regular Session, becomes law, then Part I of that act shall not apply to any new election ordered under G.S. 163A-1181 in a 2018 election contest." Session Laws 2019-4, s. 2, repealed Session Laws 2018-146, s. 2, effective March 14, 2019.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

§ 163-82.9. Cancellation of prior registration.

If an applicant indicates on an application form described in G.S. 163-82.3 a current registration to vote in any other county, municipality, or state, the county board of elections, upon registering the person to vote, shall send a notice to the appropriate officials in the other county, municipality, or state and shall ask them to cancel the person's voter registration there. If an applicant completes an application form described in G.S. 163-82.3 except that the applicant neglects to complete the portion of the form that authorizes cancellation of previous registration in another county, the State Board of Elections shall notify the county board of elections in the previous county of the new registration, and the board in the previous county shall cancel the registration. The State Board of Elections shall adopt rules to prevent disenfranchisement in the implementation of this section. Those rules shall include adequate notice to the person whose previous registration is to be cancelled.

History

(1973, c. 793, s. 28; c. 1223, s. 4; 1977, c. 265, s. 3; 1983, c. 411, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 509, s. 115; 2005-428, s. 9; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-870 by Session Laws 2017-6, s. 3. Former G.S. 163A-870 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2005-428, s. 9, effective January 1, 2006, and applicable to all primaries and elections held on or after that date, added the last three sentences.

§ 163-82.10. Official record of voter registration.

1. Official Record. - The State voter registration system is the official voter registration list for the conduct of all elections in the State. The State Board and the county board of elections may keep copies of voter registration data, including voter registration applications, in any medium and format expressly approved by the Department of Natural and Cultural Resources pursuant to standards and conditions established by the Department and mutually agreed to by the Department and the State Board. A completed and signed registration application form, if available, described in G.S. 163-82.3, once approved by the county board of elections, becomes backup to the official registration record of the voter.
2. Personal Identifying Information. - Full or partial social security numbers, dates of birth, the identity of the public agency at which the voter registered under G.S. 163-82.20, any electronic mail address submitted under this Article, Article 20, or Article 21A of this Chapter, photocopies of identification for voting, and drivers license numbers, whether held by the State Board or a county board of elections, are confidential and shall not be considered public records and subject to disclosure to the general public under Chapter 132 of the General Statutes. Cumulative data based on those items of information may be publicly disclosed as long as information about any individual cannot be discerned from the disclosed data. Disclosure of information in violation of this subsection shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of information in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.
3. Voter Signatures. - The signature of the voter, either on the paper application or an electronically captured image of it, whether held by the State Board or a county board of elections, may be viewed by the public but may not be copied or traced except by election officials for election administration purposes. Any such copy or tracing is not a public record.
4. Paperless, Instant Electronic Transfer. - The application described in G.S. 163-82.3 may be either a paper hard copy or an electronic document.
5. Access to Registration Records. - Upon request by that person, the county board of elections shall provide to any person a list of the registered voters of the county or of any precinct or precincts in the county. The county board may furnish selective lists according to party affiliation, gender, race, date of registration, precinct name, precinct identification code, congressional district, senate district, representative district, and, where applicable, county commissioner district, city governing board district, fire district, soil and water conservation district, and voter history including primary, general, and special districts, or any other reasonable category. No list produced under this section shall contain a voter's date of birth. However, lists may be produced according to voters' ages. Both the following shall apply to all counties:
   1. The county board of elections shall make the voter registration information available to the public on electronic or magnetic medium. For purposes of this section, "electronic or magnetic medium" means any of the media in use by the State Board of Elections at the time of the request.
   2. Information requested on electronic or magnetic medium shall contain the following: voter name, county voter identification number, residential address, mailing address, sex, race, age but not date of birth, party affiliation, precinct name, precinct identification code, congressional district, senate district, representative district, and, where applicable, county commissioner district, city governing board district, fire district, soil and water conservation district, and any other district information available, and voter history including primary, general, and special districts, or any other reasonable category.
6. Free Lists. - A county board shall provide, upon written request, one free list of all the registered voters in the county to the State chair of each political party and to the county chair of each political party once in every odd-numbered year, once during the first six calendar months of every even-numbered year, and once during the latter six calendar months of every even-numbered year. Each free list shall include the name, address, gender, age but not date of birth, race, political affiliation, voting history, precinct, precinct name, precinct identification code, congressional district, senate district, representative district, and, where applicable, county commissioner district, city governing board district, fire district, soil and water conservation district, and voter history including primary, general, and special districts of each registered voter. All free lists shall be provided as soon as practicable on one of any electronic or magnetic media, but no later than 30 days after written request. Each State party chair shall provide the information on the media received from the county boards or a copy of the media containing the data itself to candidates of that party who request the data in writing. As used in this section, "political party" means a political party as defined in G.S. 163-96.
7. Exception for Address of Certain Registered Voters. - Notwithstanding subsections (c) and (d) of this section, if a registered voter submits to the county board of elections a copy of a protective order without attachments, if any, issued to that person under G.S. 50B-3 or a lawful order of any court of competent jurisdiction restricting the access or contact of one or more persons with a registered voter or a current and valid Address Confidentiality Program authorization card issued pursuant to the provisions of Chapter 15C of the General Statutes, accompanied by a signed statement that the voter has good reason to believe that the physical safety of the voter or a member of the voter's family residing with the voter would be jeopardized if the voter's address were open to public inspection, that voter's address is a public record but shall be kept confidential as long as the protective order remains in effect or the voter remains a certified program participant in the Address Confidentiality Program. That voter's name, precinct, and the other data contained in that voter's registration record shall remain a public record. That voter's signed statement submitted under this subsection is a public record but shall be kept confidential as long as the protective order remains in effect or the voter remains a certified program participant in the Address Confidentiality Program. It is the responsibility of the voter to provide the county board with a copy of the valid protective order in effect or a current and valid Address Confidentiality Program authorization card issued pursuant to the provisions of Chapter 15C of the General Statutes. The voter's actual address shall be used for any election-related purpose by any board of elections. That voter's address shall be available for inspection by a law enforcement agency or by a person identified in a court order, if inspection of the address by that person is directed by that court order. It shall not be a violation of this section if the address of a voter who is participating in the Address Confidentiality Program is discovered by a member of the public in public records disclosed by a county board of elections prior to December 1, 2001. Addresses required to be kept confidential by this section shall not be made available to the jury commission under the provisions of G.S. 9-2.

The county board shall require each person to whom a list is furnished to reimburse the board for the actual cost incurred in preparing it, except as provided in subsection (d) of this section. Actual cost for the purpose of this section shall not include the cost of any equipment or any imputed overhead expenses. When furnishing information under this subsection to a purchaser on a magnetic medium provided by the county board or the purchaser, the county board may impose a service charge of up to twenty-five dollars ($25.00).

History

(1901, c. 89, s. 83; Rev., s. 4382; C.S., s. 6016; 1931, c. 80; 1939, c. 263, s. 31/2; 1949, c. 916, ss. 6, 7; 1953, c. 843; 1955, c. 800; 1959, c. 883; 1963, c. 303, s. 1; 1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 22, 25; 1975, c. 12; c. 395; 1979, 2nd Sess., c. 1242; 1981, c. 39, s. 1; c. 87, s.1; c. 308, s. 1; c. 656; 1983, c. 218, ss. 1, 2; 1985, c. 211, ss. 1, 2; c. 472, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1995 (Reg. Sess., 1996), c. 688, s. 2; 2001-396, s. 1; 2002-171, s. 8; 2003-226, ss. 2, 3; 2003-278, s. 6; 2004-127, s. 17(c); 2005-428, s. 10(a), (b); 2007-391, s. 19; 2008-187, s. 33(a); 2009-541, s. 12; 2011-182, s. 9; 2015-241, s. 14.30(s); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2019-239, s. 1.1(c).)

Cross References. - As to the use and confidential nature of actual addresses of Address Confidentiality Program participants by boards of elections for election-related purposes, see G.S. 15C-8.

Editor's Note. - This section was recodified as now former G.S. 163A-871 by Session Laws 2017-6, s. 3. Former G.S. 163A-871 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Subsections (b) and (c), as rewritten by Session Laws 2005-428, ss. 10(a) and (b), effective September 22, 2005, are applicable to all primaries and elections held on or after that date.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 20, is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-239, s. 1.6, provides: "Rule Making. - The State Board of Elections shall adopt emergency rules for the implementation of this Part in accordance with G.S. 150B-21.1A. This section does not require any rule making if not otherwise required by law."

Session Laws 2019-239, s. 7, made the amendment to this section by Session Laws 2019-239, s. 1.1(c), effective January 1, 2020, and applicable to elections conducted on or after that date.

Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-239, s. 5.14, is a severability clause.

Effect of Amendments. - Session Laws 2003-226, ss. 2 and 3, rewrote subsection (a); and added subsection (a1). See editor's note for effective date and applicability.

Session Laws 2004-127, s. 17(c), effective June 1, 2005, in subsection (a), inserted "dates of birth" in the third, fourth and fifth sentences; added the third and fourth sentences in subsection (b); in subdivision (b)(2), substituted "but not" for "or," and deleted "or both" after "birth,"; and inserted "age but not" after "gender," in the paragraph following subdivision (c)(2).

Session Laws 2007-391, s. 19, effective August 19, 2007, rewrote subsection (a).

Session Laws 2009-541, s. 12, effective August 28, 2009, in subsection (a), added the present second sentence, and deleted the former last sentence, which read: "The county board of elections shall maintain custody of any paper hard copy registration records of voters in the county and shall keep them in a place where they are secure."

Session Laws 2011-182, s. 9, effective January 1, 2012, inserted "any electronic mail address submitted under Article 21A of this Chapter" in the fourth sentence of subsection (a).

Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the second sentence of subsection (a).

Session Laws 2019-239, s. 1.1(c), deleted "of Elections" following "State Board" twice in the second sentence of subsection (a); in present subsection (a1), added the subsection (a1) designation and rewrote the existing provision; and, in present subsection (a2), added the subsection (a2) designation, added "Voter Signatures. -" at the beginning and inserted "whether held by the State Board or a county board of elections" in the first sentence. For effective date and applicability, see editor's note.

Legal Periodicals. - For comment, "Applying Risk Regulation Principles to New Public Policy Domains: A Case Study on Voter Identification Laws," see 48 Wake Forest L. Rev. 515 (2013).

Opinions of Attorney General

Editor's Note. - The opinions below were rendered under prior law.

Loose-Leaf Registration Required in Municipality Where Local Act Contains No Provisions Regarding Registration. - See opinion of Attorney General to Mr. Herman Edwards, Murphy Town Attorney, 40 N.C.A.G. 465 (1970).

County Board of Commissioners Must Provide Adequate Funds to Ensure That Registration Records Are Kept in a Safe Place. - See opinion of Attorney General to Mr. Alex K. Brock, Executive Secretary, State Board of Elections, 40 N.C.A.G. 76 (1969).

Duty to Keep Social Security Numbers Confidential. - Social Security account numbers appearing on voter registration application cards maintained in the offices of county boards of elections and obtained since 1974 without the disclosure required by the Privacy Act of 1974 must be kept confidential. See opinion of Attorney General to Sheila Stafford Pope, General Counsel, Secretary of State, N.C. General Assembly, 1999 N.C.A.G. 19 (6/24/99).

§ 163-82.10A. Permanent voter registration numbers.

The statewide voter registration system shall assign to each voter a unique registration number. That number shall be permanent for that voter and shall not be changed or reassigned by the county board of elections.

History

(2001-319, s. 8.1(a); 2003-226, s. 10; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-872 by Session Laws 2017-6, s. 3. Former G.S. 163A-872 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.10B. Confidentiality of date of birth.

Boards of elections shall keep confidential the date of birth of every voter-registration applicant and registered voter, except in the following situations:

1. When a voter has filed notice of candidacy for elective office under G.S. 163-106, 163-122, 163-123, or 163-294.2, has been nominated as a candidate under G.S. 163-98 or G.S. 163-114, or has otherwise formally become a candidate for elective office. The exception of this subdivision does not extend to an individual who meets the definition of "candidate" only by beginning a tentative candidacy by receiving funds or making payments or giving consent to someone else to receive funds or transfer something of value for the purpose of exploring a candidacy.
2. When a voter is serving in an elective office.
3. When a voter has been challenged pursuant to Article 8 of this Chapter.
4. When a voter-registration applicant or registered voter expressly authorizes in writing the disclosure of that individual's date of birth.
5. When requested by a county jury commission established pursuant to G.S. 9-1 for purposes of preparing the master jury list in that county pursuant to G.S. 9-2.

The disclosure of an individual's age does not constitute disclosure of date of birth in violation of this section.

The county board of elections shall give precinct officials access to a voter's date of birth where necessary for election administration, consistent with the duty to keep dates of birth confidential.

Disclosure of a date of birth in violation of this section shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of a date of birth in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.

History

(2004-127, s. 17(a); 2013-166, s. 1; 2017-3, s. 4; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-873 by Session Laws 2017-6, s. 3. Former G.S. 163A-873 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-166, s. 1, effective June 19, 2013, added subdivision (5).

Session Laws 2017-3, s. 4, effective with respect to primaries and elections held on or after January 1, 2018, deleted "or 163-323" in subdivision (1).

§ 163-82.11. Establishment of statewide computerized voter registration.

1. Statewide System as Official List. - The State Board of Elections shall develop and implement a statewide computerized voter registration system to facilitate voter registration and to provide a central database containing voter registration information for each county. The system shall serve as the single system for storing and managing the official list of registered voters in the State. The system shall serve as the official voter registration list for the conduct of all elections in the State. The system shall encompass both software development and purchasing of the necessary hardware for the central and distributed-network systems.
2. Uses of Statewide System. - The State Board of Elections shall develop and implement the system so that each county board of elections can do all the following:
   1. Verify that an applicant to register in its county is not also registered in another county.
   2. Be notified automatically that a registered voter in its county has registered to vote in another county.
   3. Receive automatically data about a person who has applied to vote at a drivers license office or at another public agency that is authorized to accept voter registration applications.
3. Compliance With Federal Law. - The State Board of Elections shall update the statewide computerized voter registration list and database to meet the requirements of section 303(a) of the Help America Vote Act of 2002 and to reflect changes when citizenship rights are restored under G.S. 13-1.
4. Role of County and State Boards of Elections. - Each county board of elections shall be responsible for registering voters within its county according to law. Each county board of elections shall maintain its records by using the statewide computerized voter registration system in accordance with rules promulgated by the State Board of Elections. Each county board of elections shall enter through the computer system all additions, deletions, and changes in its list of registered voters promptly to the statewide computer system.
5. Cooperation on List for Jury Commission. - The State Board of Elections shall assist the Division of Motor Vehicles in providing to the county jury commission of each county, as required by G.S. 20-43.4, a list of all registered voters in the county and all persons in the county with drivers license records. The list of registered voters provided by the State Board of Elections shall not include any registered voter who has been inactive for eight years or more.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 2003-226, s. 6; 2007-512, s. 4; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-874 by Session Laws 2017-6, s. 3. Former G.S. 163A-874 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 769, ss. 16 and 16.1, provided for a needs assessment and requirements analysis for computerized voter registration, Session Laws 1995, c. 507, s. 13.2 provided for the promulgation of rules for a statewide computerized voter registration system, and Session Laws 1997-443, s. 31, provided for a statewide data elections management system to prescribe data format, data communication, and data content standards.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-512, s. 4, effective October 1, 2007, added the last sentence in subsection (e).

§ 163-82.12. Promulgation of guidelines relating to computerized voter registration.

The State Board of Elections shall make all guidelines necessary to administer the statewide voter registration system established by this Article. All county boards of elections shall follow these guidelines and cooperate with the State Board of Elections in implementing guidelines. These guidelines shall include provisions for all of the following:

1. Establishing, developing, and maintaining a computerized central voter registration file.
2. Linking the central file through a network with computerized voter registration files in each of the counties.
3. Interacting with the computerized drivers license records of the Division of Motor Vehicles and with the computerized records of other public agencies authorized to accept voter registration applications.
4. Protecting and securing the data.
5. Converting current voter registration records in the counties in computer files that can be used on the statewide computerized registration system.
6. Enabling the statewide system to determine whether the voter identification information provided by an individual is valid.
7. Enabling the statewide system to interact electronically with the Division of Motor Vehicles system to validate identification information.
8. Enabling the Division of Motor Vehicles to provide real-time interface for the validation of the drivers license number and last four digits of the social security number.
9. Notifying voter-registration applicants whose drivers license or last four digits of social security number does not result in a validation, attempting to resolve the discrepancy, initiating investigations under G.S. 163-33(3) or challenges under Article 8 of this Chapter where warranted, and notifying any voters of the requirement under G.S. 163-166.12(b2) to present identification when voting.
10. Enabling the statewide system to assign a unique identifier to each legally registered voter in the State.
11. Enabling the State Board of Elections to assist the Division of Motor Vehicles in providing to the jury commission of each county, as required by G.S. 20-43.4, a list of all registered voters in the county and all persons in the county with drivers license records.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 2003-226, s. 7(a); 2007-391, s. 21(b); 2008-187, s. 33(a); 2013-410, s. 14(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.5(c).)

Editor's Note. - This section was recodified as now former G.S. 163A-875 by Session Laws 2017-6, s. 3. Former G.S. 163A-875 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 769, ss. 16 and 16.1, provided for a needs assessment and requirements analysis for computerized voter registration, Session Laws 1995, c. 507, s. 13.2 provided for the promulgation of rules for a statewide computerized voter registration system, and Session Laws 1997-443, s. 31, provided for a statewide data elections management system to prescribe data format, data communication, and data content standards.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 20, is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 21(b), effective August 19, 2007, added subdivision (8b).

Session Laws 2013-410, s. 14(a), effective August 23, 2013, substituted "G.S. 163-166.12(b2)" for "G.S. 163-166.2(b2)" in subdivision (8b).

Session Laws 2018-146, s. 4.5(c), effective December 27, 2018, deleted the undesignated paragraph at the end of this section.

Legal Periodicals. - For comment, "Applying Risk Regulation Principles to New Public Policy Domains: A Case Study on Voter Identification Laws," see 48 Wake Forest L. Rev. 515 (2013).

§ 163-82.13. Access to statewide voter registration file.

1. Free Copy for Political Parties. - Beginning January 1, 1996, the State Board of Elections shall make available free of charge, upon written request, one magnetic copy of the statewide computerized voter registration file to the chairman of each political party as defined in G.S. 163-96 as soon as practicable after the close of registration before every statewide primary and election. The file made available to the political party chairmen shall contain the name, address, gender, age but not date of birth, race, voting history, political affiliation, and precinct of every registered voter in the State. If a county board enters telephone numbers into its computer lists of registered voters, then the free list provided under this subsection shall include telephone numbers.
2. Copies for Sale to Others. - Beginning January 1, 1996, the State Board of Elections shall sell, upon written request, to other public and private organizations and persons magnetic copies of the statewide computerized voter registration file. The State Board of Elections may sell selective lists of registered voters according to county, congressional or legislative district, party affiliation, gender, age but not date of birth, race, date of registration, or any other reasonable category, or a combination of categories. The State Board of Elections shall require all persons to whom any list is furnished under this subsection to reimburse the board for the actual cost incurred in preparing it.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 2004-127, s. 17(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-876 by Session Laws 2017-6, s. 3. Former G.S. 163A-876 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 769, ss. 16 and 16.1, provided for a needs assessment and requirements analysis for computerized voter registration, Session Laws 1995, c. 507, s. 13.2 provided for the promulgation of rules for a statewide computerized voter registration system, and Session Laws 1997-443, s. 31, provided for a statewide data elections management system to prescribe data format, data communication, and data content standards.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 17(d), effective June 1, 2005, inserted "age but not" preceding "date of birth" in subsections (a) and (b).

§ 163-82.14. List maintenance.

1. Uniform Program. - The State Board of Elections shall adopt a uniform program that makes a diligent effort not less than twice each year:
   1. To remove the names of ineligible voters from the official lists of eligible voters, and
   2. To update the addresses and other necessary data of persons who remain on the official lists of eligible voters.
2. Death. - The Department of Health and Human Services shall furnish free of charge to the State Board of Elections every month, in a format prescribed by the State Board of Elections, the names of deceased persons who were residents of the State. The State Board of Elections shall distribute every month to each county board of elections the names on that list of deceased persons who were residents of that county. The Department of Health and Human Services shall base each list upon information supplied by death certifications it received during the preceding month. Upon the receipt of those names, each county board of elections shall remove from its voter registration records any person the list shows to be dead. Each county board of elections shall also remove from its voter registration records a person identified as deceased by a signed statement of a near relative or personal representative of the estate of the deceased voter. The county board need not send any notice to the address of the person so removed.
3. Conviction of a Felony. -
   1. Report of Conviction Within the State. - The State Board of Elections, on or before the fifteenth day of every month, shall report to the county board of elections of that county the name, county of residence, and residence address if available, of each individual against whom a final judgment of conviction of a felony has been entered in that county in the preceding calendar month.
   2. Report of Federal Conviction. - The Executive Director of the State Board of Elections, upon receipt of a notice of conviction sent by a United States Attorney pursuant to section 8(g) of the National Voter Registration Act, shall notify the appropriate county boards of elections of the conviction.
   3. County Board's Duty Upon Receiving Report of Conviction. - When a county board of elections receives a notice pursuant to subdivision (1) or (2) of this subsection relating to a resident of that county and that person is registered to vote in that county, the board shall, after giving 30 days' written notice to the voter at his registration address, and if the voter makes no objection, remove the person's name from its registration records. If the voter notifies the county board of elections of his objection to the removal within 30 days of the notice, the chairman of the board of elections shall enter a challenge under G.S. 163-85(c)(5), and the notice the county board received pursuant to this subsection shall be prima facie evidence for the preliminary hearing that the registrant was convicted of a felony.
4. Change of Address. - A county board of elections shall conduct a systematic program to remove from its list of registered voters those who have moved out of the county, and to update the registration records of persons who have moved within the county. The county board shall remove a person from its list if the registrant:
   1. Gives confirmation in writing of a change of address for voting purposes out of the county. "Confirmation in writing" for purposes of this subdivision shall include:
      1. A report to the county board from the Department of Transportation or from a voter registration agency listed in G.S. 163-82.20 that the voter has reported a change of address for voting purposes outside the county;
      2. A notice of cancellation received under G.S. 163-82.9; or
      3. A notice of cancellation received from an election jurisdiction outside the State.
   2. Fails to respond to a confirmation mailing sent by the county board in accordance with this subdivision and does not vote or appear to vote in an election beginning on the date of the notice and ending on the day after the date of the second general election for the United States House of Representatives that occurs after the date of the notice. A county board sends a confirmation notice in accordance with this subdivision if the notice:
      1. Is a postage prepaid and preaddressed return card, sent by forwardable mail, on which the registrant may state current address;
      2. Contains or is accompanied by a notice to the effect that if the registrant did not change residence but remained in the county, the registrant should return the card not later than the deadline for registration by mail in G.S. 163-82.6(d)(1); and
      3. Contains or is accompanied by information as to how the registrant may continue to be eligible to vote if the registrant has moved outside the county.
   3. Any registrant who is removed from the list of registered voters pursuant to this subsection shall be reinstated if the voter appears to vote and gives oral or written affirmation that the voter has not moved out of the county but has maintained residence continuously within the county. That person shall be allowed to vote as provided in G.S. 163-82.15(f).
5. Cooperation on List Maintenance Efforts. - The State Board of Elections has the authority to perform list maintenance under this section with the same authority as a county board.
6. Annual Report on List Maintenance Efforts. - County board of elections shall submit to the State Board of Elections an annual report, on or before September 1 of each year, of its list maintenance under this section. The State Board of Elections shall compile annual reports received from the county board of elections and submit the reports to the Joint Legislative Elections Oversight Committee on or before October 1 of each year.

That program shall be nondiscriminatory and shall comply with the provisions of the Voting Rights Act of 1965, as amended, and with the provisions of the National Voter Registration Act. The State Board of Elections, in addition to the methods set forth in this section, may use other methods toward the ends set forth in subdivisions (1) and (2) of this subsection, including address-updating services provided by the Postal Service, and entering into data sharing agreements with other states to cross-check information on voter registration and voting records. Any data sharing agreement shall require the other state or states to comply with G.S. 163-82.10 and G.S. 163-82.10B. Each county board of elections shall conduct systematic efforts to remove names from its list of registered voters in accordance with this section and with the program adopted by the State Board. The county boards of elections shall complete their list maintenance mailing program by April 15 of every odd-numbered year, unless the State Board of Elections approves a different date for the county.

A county board shall send a confirmation mailing in accordance with this subdivision to every registrant after every congressional election if the county board has not confirmed the registrant's address by another means.

History

(1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 25, 28; c. 1223, s. 4; 1975, c. 395; 1977, c. 265, s. 3; 1981, c. 39, s. 1; c. 87, s. 1; c. 308, s. 1; 1983, c. 411, ss. 1, 2; 1985, c. 211, ss. 1, 2; 1987, c. 691, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1997-443, s. 11A.117; 1999-453, s. 7(a), (b); 2001-319, ss. 8(a), 11; 2005-428, s. 14; 2007-391, ss. 18, 32; 2008-187, s. 33(a); 2013-381, ss. 18.1, 39.1(b); 2014-111, s. 16; 2017-6, s. 3; 2018-112, s. 4; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-877 by Session Laws 2017-6, s. 3. Former G.S. 163A-877 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Subdivision (d)(3), added by Session Laws 2005-428, s. 14, effective September 22, 2005, is applicable to all primaries and elections held on or after that date.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 20, which added the last sentence in subsection (a), and in subdivision (c)(1), substituted "State Board of Elections" for "clerk of superior court" and deleted the former last sentence, is effective August 19, 2007.

Session Laws 2013-381, s. 18.2, provides: "The State Board of Elections shall actively seek ways to share and cross-check information on voting records and voter registration with other states to improve the accuracy of voter registration lists, using resources such as the Electronic Registration Information Center and by entering into interstate compacts for this purpose."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, ss. 18 and 32, effective August 19, 2007, added the last sentence in subsection (a); and in subdivision (c)(1), substituted "State Board of Elections" for "clerk of superior court," and deleted the former last sentence, which read: "Any county board of elections receiving such a report about an individual who is a resident of another county in this State shall forward a copy of that report to the board of elections of that county as soon as possible."

Session Laws 2013-381, s. 18.1, effective August 12, 2013, in subsection (a), substituted "diligent effort not less than twice each year" for "reasonable effort" in the introductory language, added "and entering into data sharing agreements with other states to cross-check information on voter registration and voting records" and added the third sentence in the undesignated paragraph.

Session Laws 2013-381, s. 39.1(b), effective October 1, 2013, added the fifth sentence in subsection (b).

Session Laws 2014-111, s. 16, effective August 6, 2014, added subsection (e).

Session Laws 2018-112, s. 4, effective June 27, 2018, added subsection (f).

§ 163-82.15. Change of address within the county.

1. Registrant's Duty to Report. - No registered voter shall be required to re-register upon moving from one precinct to another within the same county. Instead, a registrant shall notify the county board of the change of address by the close of registration for an election as set out in G.S. 163-82.6(d). In addition to any other method allowed by G.S. 163-82.6, the form may be submitted by electronic facsimile, under the same deadlines as if it had been submitted in person. The registrant shall make the notification by means of a voter registration form as described in G.S. 163-82.3, or by another written notice, signed by the registrant, that includes the registrant's full name, former residence address, new residence address, and the registrant's attestation that the registrant moved at least 30 days before the next primary or election from the old to the new address.
2. Verification of New Address by Mail. - When a county board of elections receives a notice that a registrant in that county has changed residence within the same county, the county board shall send a notice, by nonforwardable mail, to the registrant at the new address. The notice shall inform the registrant of any new precinct and voting place that will result from the change of address, and it shall state whether the registrant shall vote at the new voting place during the upcoming election or at a later election. If the Postal Service returns the county board's notice to the registrant as undeliverable, the county board shall either:
   1. Send a second notice by nonforwardable mail to the new address and, if it is returned as undeliverable, send to the registrant's old address a confirmation notice as described in G.S. 163-82.14(d)(2); or
   2. Send to the registrant's old address a confirmation notice as described in G.S. 163-82.14(d)(2) without first sending a second nonforwardable notice to the new address.
3. Board's Duty to Make Change. - If the county board confirms the registrant's new address in accordance with subsection (b) of this section, the county board shall as soon as practical change the record to reflect the new address.
4. Unreported Move Within the Same Precinct. - A registrant who has moved from one address to another within the same precinct shall, notwithstanding failure to notify the county board of the change of address before an election, be permitted to vote at the voting place of that precinct upon oral or written affirmation by the registrant of the change of address before a precinct official at that voting place.
5. Unreported Move to Another Precinct Within the County. - If a registrant has moved from an address in one precinct to an address in another precinct within the same county more than 30 days before an election and has failed to notify the county board of the change of address before the close of registration for that election, the county board shall permit that person to vote in that election. The county board shall permit the registrant described in this subsection to vote at the registrant's new precinct, upon the registrant's written affirmation of the new address, or, if the registrant prefers, at a central location in the county to be chosen by the county board. If the registrant appears at the old precinct, the precinct officials there shall (i) send the registrant to the new precinct or, (ii) if the registrant prefers, to the central location, according to rules which shall be prescribed by the State Board of Elections, or (iii) permit the voter to vote a provisional ballot and shall count the individual's provisional official ballot for all ballot items on which it determines that the individual was eligible under State or federal law to vote. At the new precinct, the registrant shall be processed by a precinct transfer assistant, according to rules which shall be prescribed by the State Board of Elections.
6. When Registrant Disputes Registration Records. - If the registration records indicate that the registrant has moved outside the precinct, but the registrant denies having moved from the address within the precinct previously shown on the records, the registrant shall be permitted to vote at the voting place for the precinct where the registrant claims to reside, if the registrant gives oral or written affirmation before a precinct official at that voting place.
7. Precinct Transfer Assistants. - The county board of elections shall either designate a board employee or appoint other persons to serve as precinct transfer assistants to receive the election-day transfers of the voters described in subsection (e) of this section. In addition, board members and employees may perform the duties of precinct transfer assistants. The State Board of Elections shall promulgate uniform rules to carry out the provisions of this section, and shall define in those rules the duties of the precinct transfer assistant.

In either case, if the registrant does not respond to the confirmation notice as described in G.S. 163-82.14(d)(2), then the county board shall proceed with the removal of the registrant from the list of voters in accordance with G.S. 163-82.14(d).

History

(1979, c. 135, s. 2; 1983, c. 392, s. 2; 1984, Ex. Sess., c. 3, ss. 1, 2; 1987, c. 549, s. 1; 1989, c. 427; 1991, c. 12, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2001-314, s. 1; 2005-2, s. 3; 2006-262, s. 2; 2014-111, s. 12(a); 2017-6, s. 3; 2018-146 s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-878 by Session Laws 2017-6, s. 3. Former G.S. 163A-878 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2005-2, s. 1, provides: "The General Assembly makes the following findings:

"(1) In 2003, the General Assembly enacted S.L. 2003-226, which contained a number of changes to the State's election laws, designed in part to implement provisions of the federal Help America Vote Act of 2002 (HAVA) in such a way as to avoid having separate laws for federal and State elections and otherwise to encourage and expand the exercise of the franchise. One such enactment was codified as G.S. 163-166.11, which spells out procedures for the casting of provisional official ballots. A voter's eligibility to cast a provisional official ballot depends on being a registered voter in the jurisdiction in which the voter seeks to vote. The 'jurisdiction' in which a voter in North Carolina registers to vote is the county. This is the unmistakable meaning of G.S. 163-82.1 and has not heretofore been challenged or questioned.

"(2) In S.L. 2003-226, the General Assembly expressly stated its intent to 'ensure that the State of North Carolina has a system for all elections that complies with the requirements for federal elections set forth in' HAVA. It was then and is now the intent of the General Assembly that the provisions of HAVA be broadly construed and that they be implemented in North Carolina in a manner to ensure a unified system of federal and State elections in compliance with HAVA.

"(3) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that any individual who is a registered voter in a county but whose name does not appear on the official list of registered voters at the voting place at which that voter appears be allowed to cast a provisional official ballot.

"(4) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that all provisional ballots be counted for all those ballot items for which a voter was eligible to vote. In enacting G.S. 163-166.11 in 2003, the General Assembly was fully mindful of and intended to reinforce the fact that prior statutory enactments in 2001 had already recognized the right of a voter to cast a provisional ballot and to have that ballot counted for all items for which that voter was eligible to vote. See G.S. 163-182.2(a)(4). Even prior to 2003, the General Statutes recognized the right of a registered voter to cast a provisional ballot and to have that ballot counted for all those items for which the voter was duly qualified to vote.

"(5) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that the State Board of Elections act in a manner that would result in a single system for federal and State elections, rather than one system for federal elections and another for State elections. In enacting G.S. 163-166.11 in 2003, the General Assembly was mindful of and intended to reinforce the fact that it had already provided in 2001 in G.S. 163-166.7(c)(6) that the State Board of Elections would adopt rules to ensure that voters 'not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.' The possibility of out-of-precinct provisional voting was thus recognized by the General Assembly as early as 2001.

"(6) The law regarding provisional ballots does not rest solely on G.S. 163-82.15(e), which addresses the narrow circumstance of 'Unreported Move[s] to Another Precinct Within the County.' Though that statute mentions two ways in which precinct officials may process registrants, it is not exclusive. G.S. 163-82.15(e) is part of the statutory Article on voter registration, rather than on voting, and should be read in that context. It was enacted in 1994, before provisional voting was codified in North Carolina. The enactment of G.S. 163-166.7(c)(6) in 2001 is the authority giving the State Board of Elections the duty to apply the broader laws of provisional voting, including G.S. 163-166.11. Any reading of G.S. 163-166.11 that would limit that statute's provisions to the narrower class of voting situations governed by the earlier enacted provisions of G.S. 163-82.15(e) would ignore the long-standing principle of statutory construction that statutes relating to the same subject matter should be reconciled in such a manner as to effect the scope and meaning of the later enactment and read in a manner that would tend most completely to secure the rights of all persons affected by the legislation. It was then and is now the intent of the General Assembly in enacting G.S. 163-166.11 to expand the exercise of the franchise, not to limit it or to restrict it by the terms of earlier and narrower enactments.

"(7) The State Board of Elections and all county boards of elections were following the intent of the General Assembly when they administered G.S. 163-166.11 and the earlier enacted statutes in G.S. 163-182.2(a)(4) and G.S. 163-166.7(c)(6) to count in whole or in part ballots cast by registered voters in the county who voted outside their resident precincts in the July 20, 2004, Primary, the August 17, 2004, Second Primary, and the November 2, 2004, General Election.

"(8) Several hundred thousand registered North Carolina voters cast ballots outside their resident precincts during the one-stop absentee balloting ('early voting') period pursuant to G.S. 163-227.2 prior to the General Election in November 2004, during the two primaries in 2004, and then on the date of the General Election in November 2004. There is no statutory basis upon which to distinguish out-of-precinct voting that occurred on the date of the General Election in November 2004 from out-of-precinct voting that occurred during the First and Second Primaries in 2004 or that occurred during the period of one-stop absentee ('early') voting prior to the General Election of 2004.

"(9) The General Assembly takes note of the fact that of those registered voters who happened to vote provisional ballots outside their resident precincts on the day of the November 2004 General Election, a disproportionately high percentage were African-American.

"(10) The General Assembly notes that in addition to provisional voting on the date of the General Election pursuant to G.S. 163-166.11, the General Statutes abound with provisions that allow voters to cast votes outside their resident precincts:

"a. Civilian absentee voting by mail, G.S. 163-226.

"b. Military and overseas citizens absentee voting, G.S. 163-245.

"c. One-stop absentee (early) voting, G.S. 163-227.2.

"d. Voting in a voting place on a lot adjacent to the precinct, G.S. 163-128.

"e. Temporarily voting in an adjacent precinct, G.S. 163-128.

"f. Voting in a precinct outside the voting place where no suitable facility exists inside it or adjacent to it, G.S. 163-130.1.

"g. Voting at a central location in the county by voters who no longer live in the precinct where their name is listed on registration lists, G.S. 163-82.15(e).

"All those provisions were enacted prior to G.S. 163-166.11. Most were enacted decades before. As many as 1,000,000 people in North Carolina may have cast out-of-precinct votes using all out-of-precinct methods in 2004.

"(11) It would be fundamentally unfair to discount the provisional official ballots cast by properly registered and duly qualified voters voting and acting in reliance on the statutes adopted by the General Assembly and administered by the State Board of Elections in accordance with its intent. Moreover, to subtract such ballots only from the count for the General Election of 2004 without also doing so for the First or Second Primaries of 2004 would create a bizarre result in which out-of-precinct provisional ballots are allowed to count for some elections but not others. The General Assembly did not and does not now intend to create such a system.

"(12) Even if the State Board of Elections had misread the language and intent of the General Statutes concerning provisional voting, which it did not do, it has been the long-standing and hitherto unquestioned law of this State, confirmed by prior decisions of the North Carolina Supreme Court, that an innocent voter's ballot shall not be disqualified because of errors or omissions by elections officials. This fundamental principle was adopted by Justice Samuel J. Ervin Jr. in the case of Owens v. Chaplin, 228 N.C. 705 (1948) using the following language:

'We can conceive of no principle which permits the disfranchisement of innocent voters for the mistake, or even the willful misconduct, of election officials in performing the duty cast upon them. The object of elections is to ascertain the popular will, and not to thwart it. The object of election laws is to secure the rights of duly-qualified electors, and not to defeat them.'

"See also Appeal of Judicial Review by Republican Candidates for Election in Clay County, 45 N.C. App. 556 (1980).

"The General Assembly endorses and reaffirms this fundamental principle.

"(13) It is the will of the people, as expressed through their representatives in the General Assembly, that the validity of the primaries and elections conducted in 2004 and certified by a county board of elections or the State Board of Elections, not be called into question by retroactively revisiting the propriety of provisional ballots cast by duly registered voters of a county.

"(14) To avoid all doubt and remove any possible future question as to the General Assembly's plain intent with respect to the subject of provisional voting, and to avoid misinterpretation of any other statute, the General Assembly enacts Sections 2 through 5 of this act."

Subsection (e), as amended by Session Laws 2005-2, s. 3, effective March 2, 2005, which added the last sentence, is applicable to all elections held after January 1, 2004.

Session Laws 2006-262, s. 5, provides that s. 2 of this act, which substituted "the registrant's attestation that the registrant moved at least 30 days before the next primary or election" for "date of moving" near the end of the last sentence in subsection (a), is effective when it becomes law, except that any criminal penalty resulting from Session Laws 2006-262 becomes effective October 1, 2006. Prosecutions for offenses committed before October 1, 2006, are not abated or affected by Session Laws 2006-262, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-262, s. 2, effective August 27, 2006, substituted "the registrant's attestation that the registrant moved at least 30 days before the next primary or election" for "date of moving" near the end of the last sentence in subsection (a).

Session Laws 2014-111, s. 12(a), effective August 6, 2014, in subsection (e), in the next-to-last sentence inserted the clause (i) and (ii) designations and added clause (iii), made a minor punctuation change, and deleted the final sentence, regarding voting a provisional ballot under provisions of G.S. 163-166.11.

§ 163-82.15A. Administrative change of registration when county line is adjusted.

When a boundary between counties is established by legislation or under G.S. 153A-18, the Executive Director shall direct the county boards of elections involved to administratively change the voter registration of any voter whose county of residence is altered by the establishment of the boundary. The voter shall not be required to submit a new application to register, and the provisions of G.S. 163-57 shall apply to the determination of residency. The Executive Director shall prescribe a method of notifying the voter of the change of county registration, the correct precinct, and other relevant information.

History

(2005-428, s. 3(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-879 by Session Laws 2017-6, s. 3. Former G.S. 163A-879 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2005-428, s. 18, made this section effective January 1, 2006, and applicable to all primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.16. Change of name.

1. Registrant's Duty to Report. - If the name of a registrant is changed in accordance with G.S. 48-1-104, G.S. 50-12, or Chapter 101 of the General Statutes, or if a married registrant assumes the last name of the registrant's spouse, the registrant shall not be required to re-register, but shall report the change of name to the county board not later than the last day for applying to register to vote for an election in G.S. 163-82.6. The registrant shall report the change on a form described in G.S. 163-82.3 or on a voter registration card described in G.S. 163-82.8 or in another written statement that is signed, contains the registrant's full names, old and new, and the registrant's current residence address.
2. Verification of New Name by Mail. - When a county board of elections receives a notice of name change from a registrant in that county, the county board shall send a notice, by nonforwardable mail, to the registrant's residence address. The notice shall state that the registrant's records will be changed to reflect the new name if the registrant does not respond that the name change is incorrect. If the Postal Service returns the county board's notice to the registrant as undeliverable, the county board shall send to the registrant's residence address a confirmation notice as described in G.S. 163-82.14(d)(2).
3. Board's Duty to Make Change. - If the county board confirms the registrant's address in accordance with subsection (b) of this section and the registrant does not deny making the application for the name change, the county board shall as soon as practical change the record of the registrant's name to conform to that stated in the application.
4. Unreported Name Change. - A registrant who has not reported a name change in accordance with subsection (a) of this section shall be permitted to vote if the registrant reports the name change to the chief judge at the voting place, or to the county board along with the voter's application for an absentee ballot.

If the registrant does not respond to the confirmation notice as described in G.S. 163-82.14(d)(2), then the county board shall proceed with the removal of the registrant from the list of voters in accordance with G.S. 163-82.14(d).

History

(1979, c. 480; 1981, c. 33, s. 3; 1989 (Reg. Sess., 1990), c. 991, s. 3; 1991 (Reg. Sess., 1992), c. 1032, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 457, s. 9; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-880 by Session Laws 2017-6, s. 3. Former G.S. 163A-880 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.17. Change of party affiliation.

1. Registrant's Duty to Report. - Any registrant who desires to have the record of his party affiliation or unaffiliated status changed on the registration list shall, no later than the last day for making application to register under G.S. 163-82.6 before the election, indicate the change on an application form as described in G.S. 163-82.3 or on a voter registration card described in G.S. 163-82.8. No registrant shall be permitted to change party affiliation or unaffiliated status for a primary, second primary, or special or general election after the deadline for registration applications for that election as set out in G.S. 163-82.6.
2. Verification of Affiliation Change by Mail. - When a county board of elections receives a notice of change of party affiliation or unaffiliated status from a registrant in that county, the county board shall send a notice, by nonforwardable mail, to the registrant's residence address. The notice shall state that the registrant's records will be changed to reflect the change of status if the registrant does not respond by stating that he does not desire a change in status. The notice shall also inform the registrant of the time that the change of affiliation status will occur, and shall explain the provisions of subsection (d) of this section. If the Postal Service returns the county board's notice to the registrant as undeliverable, the county board shall send to the registrant's residence address a confirmation notice as described in G.S. 163-82.14(d)(2). If the registrant does not respond to the confirmation notice as described in G.S. 163-82.14(d)(2), then the county board shall proceed with the removal of the registrant from the list of voters in accordance with G.S. 163-82.14(d).
3. Board's Duty to Make Change. - If the county board confirms the registrant's address in accordance with subsection (b) of this section and the registrant does not deny making the application to change affiliated or unaffiliated status, the county board of elections shall as soon as practical change the record of the registrant's party affiliation, or unaffiliated status, to conform to that stated in the application. Thereafter the voter shall be considered registered and qualified to vote in accordance with the change, except as provided in subsection (d) of this section.
4. Deadline to Change Status Before Primary. - If a registrant applies to change party affiliation or unaffiliated status later than the last day for applying to register under G.S. 163-82.6 before a primary, the registrant shall not be entitled to vote in the primary of a party in which the registrant's status on that last day did not entitle the registrant to vote.
5. Authority of County Board or Director to Make Correction. - If at any time the chairman or director of elections of the county board of elections is satisfied that an error has been made in designating the party affiliation of any voter on the registration records, then the chairman or director of elections of the county board of elections shall make the necessary correction after receiving from the voter a sworn statement as to the error and the correct status.

History

(1939, c. 263, s. 6; 1949, c. 916, ss. 4, 8; 1953, c. 843; 1955, c. 800; c. 871, s. 3; 1957, c. 784, s. 5; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 30, 31; c. 1223, s. 5; 1975, c. 234, s. 2; 1977, c. 130, s. 1; c. 626, s. 1; 1981, c. 33, s. 4; c. 219, s. 4; 1983, c. 576, s. 4; 1987, c. 408, ss. 1, 6; 1989, c. 635, s. 2; 1991 (Reg. Sess., 1992), c. 1032, s. 4; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 243, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-881 by Session Laws 2017-6, s. 3. Former G.S. 163A-881 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Legal Periodicals. - For note, "North Carolina General Assembly Amends Election Laws to Allow Unaffiliated Voters to Vote in Party Primaries," see 66 N.C.L. Rev. 1208 (1988).

§ 163-82.18. Appeal from denial of registration.

1. Right to Appeal. - Any applicant who receives notice of denial of registration pursuant to G.S. 163-82.7 may appeal the denial within five days after receipt of the notice of denial. The county board of elections shall promptly set a date for a public hearing. The notice of appeal shall be in writing and shall be signed by the appealing party, shall include the appealing party's name, date of birth, address, and reasons for the appeal.
2. Hearing Before County Board of Elections. - The county board of elections shall set a date and time for a public hearing and shall notify the appealing party. Every person appealing to the county board of elections from denial of registration shall be entitled to a prompt and fair hearing on the question of the denied applicant's right and qualifications to register as a voter. All cases on appeal to a county board of elections shall be heard de novo.
3. Appeal to Superior Court. - Any person aggrieved by a final decision of a county board of elections denying registration may at any time within 10 days from the date on which he receives notice of the decision appeal to the superior court of the county in which the board is located. Upon such an appeal, the appealing party shall be the plaintiff and the county board of elections shall be the defendant, and the matter shall be heard de novo in the superior court in the manner in which other civil actions are tried and disposed of in that court.

Two members of the county board of elections shall constitute a quorum for the purpose of hearing appeals on questions of registration. The decision of a majority of the members of the board shall be the decision of the board. The board shall be authorized to subpoena witnesses and to compel their attendance and testimony under oath, and it is further authorized to subpoena papers and documents relevant to any matters pending before the board.

If at the hearing the board shall find that the person appealing from a denial of registration meets all requirements of law for registration as a voter in the county, the board shall enter an order directing that the appellant be registered and assign the appellant to the appropriate precinct. Not later than five days after an appeal is heard before the county board of elections, the board shall give written notice of its decision to the appealing party.

If the decision of the court is that the order of the county board of elections shall be set aside, then the court shall enter its order so providing and adjudging that the plaintiff is entitled to be registered as a qualified voter in the precinct in which he originally made application to register, and in such case the plaintiff's name shall be entered in the registration book of that precinct. The court shall not order the registration of any person in a precinct in which he did not apply to register prior to the proceeding in court.

From the judgment of the superior court an appeal may be taken to the appellate division in the same manner as other appeals are taken from judgments of that court in civil actions.

History

(1957, c. 287, dd. 2-4; 1967, c. 775, s. 1; 1969, c. 44, s. 82; 1981, c. 542, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-882 by Session Laws 2017-6, s. 3. Former G.S. 163A-882 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.19. Voter registration at drivers license offices; coordination on data interface.

1. Voter Registration at Drivers License Offices. - The Division of Motor Vehicles shall, pursuant to the rules adopted by the State Board of Elections, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a drivers license, or special identification card issued under G.S. 20-37.7 may, on a part of the form, complete an application to register to vote, or to update the voter's registration if the voter has changed his or her address or moved from one precinct to another or from one county to another. The person taking the application shall ask if the applicant is a citizen of the United States. If the applicant states that the applicant is not a citizen of the United States, or declines to answer the question, the person taking the application shall inform the applicant that it is a felony for a person who is not a citizen of the United States to apply to register to vote. The application shall state in clear language the penalty for violation of this section. The necessary forms shall be prescribed by the State Board of Elections. The form must ask for the previous voter registration address of the voter, if any. If a previous address is listed, and it is not in the county of residence of the applicant, the appropriate county board of elections shall treat the application as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163-82.9. If a previous address is listed and that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163-82.9.
2. Any person who willfully and knowingly and with fraudulent intent gives false information on the application [described in subsection (a) of this section] is guilty of a Class I felony.
3. Coordination on Data Interface. - The Department of Transportation jointly with the State Board of Elections shall develop and operate a computerized interface to match information in the database of the statewide voter registration system with the drivers license information in the Division of Motor Vehicles to the extent required to enable the State Board of Elections and the Department of Transportation to verify the accuracy of the information provided on applications for voter registration, whether the applications were received at drivers license offices or elsewhere. The Department of Transportation and the State Board shall implement the provisions of this subsection so as to comply with section 303 of the Help America Vote Act of 2002. The Department of Transportation shall enter into an agreement with the Commissioner of Social Security so as to comply with section 303 of the Help America Vote Act of 2002.

Registration shall become effective as provided in G.S. 163-82.7. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163-82.6(d)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.

All applications shall be forwarded by the Department of Transportation to the appropriate board of elections not later than five business days after the date of acceptance, according to rules which shall be promulgated by the State Board of Elections. Those rules shall provide for a paperless, instant, electronic transfer of applications to the appropriate board of elections.

History

(1983, c. 854, s. 1; 1991 (Reg. Sess., 1992), c. 1044, s. 19(a); 1993, c. 74, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1998-149, s. 11.1; 2001-319, s. 7(a); 2003-226, s. 7(b); 2009-541, s. 13(a); 2013-381, s. 12.1(e); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.19. Voter registration at drivers license offices; coordination on data interface.

1. Voter Registration at Drivers License Offices. - The Division of Motor Vehicles shall, pursuant to the rules adopted by the State Board of Elections, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a drivers license, or special identification card issued under G.S. 20-37.7 may, on a part of the form, complete an application to register to vote, or to update the voter's registration if the voter has changed his or her address or moved from one precinct to another or from one county to another, or to preregister to vote. The person taking the application shall ask if the applicant is a citizen of the United States. If the applicant states that the applicant is not a citizen of the United States, or declines to answer the question, the person taking the application shall inform the applicant that it is a felony for a person who is not a citizen of the United States to apply to register to vote. Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony. The application shall state in clear language the penalty for violation of this section. The necessary forms shall be prescribed by the State Board of Elections. The form must ask for the previous voter registration address of the voter, if any. If a previous address is listed, and it is not in the county of residence of the applicant, the appropriate county board of elections shall treat the application as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163-82.9. If a previous address is listed and that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163-82.9.
2. Coordination on Data Interface. - The Department of Transportation jointly with the State Board of Elections shall develop and operate a computerized interface to match information in the database of the statewide voter registration system with the drivers license information in the Division of Motor Vehicles to the extent required to enable the State Board of Elections and the Department of Transportation to verify the accuracy of the information provided on applications for voter registration, whether the applications were received at drivers license offices or elsewhere. The Department of Transportation and the State Board shall implement the provisions of this subsection so as to comply with section 303 of the Help America Vote Act of 2002. The Department of Transportation shall enter into an agreement with the Commissioner of Social Security so as to comply with section 303 of the Help America Vote Act of 2002.

Registration shall become effective as provided in G.S. 163-82.7. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163-82.6(c)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.

All applications shall be forwarded by the Department of Transportation to the appropriate board of elections not later than five business days after the date of acceptance, according to rules which shall be promulgated by the State Board of Elections. Those rules shall provide for a paperless, instant, electronic transfer of applications to the appropriate board of elections. Applications for preregistration to vote shall be forwarded to the State Board of Elections.

Editor's Note. - This section was recodified as now former G.S. 163A-883 by Session Laws 2017-6, s. 3. Former G.S. 163A-883 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(a), (b), provided for certain elections relief and accommodations, applicable for the November 2018 election only, in response to Hurricane Florence and its aftermath.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 13(a), effective January 1, 2010, in subsection (a), added "or to preregister to vote" at the end of the first sentence of the first paragraph, added the last sentence at the end of the third paragraph, and made minor punctuation and gender neutral changes.

Session Laws 2013-381, s. 12.1(e), effective September 1, 2013, in subsection (a), deleted "or to preregister to vote" following "another" at the end of the first sentence, and deleted the former last sentence at the end of the third paragraph, which read "Applications for preregistration to vote shall be forwarded to the State Board of Elections."

§ 163-82.20. Voter registration at other public agencies.

1. Voter Registration Agencies. - Every office in this State which accepts:
   1. Applications for a program of public assistance under Article 2 of Chapter 108A of the General Statutes or under Article 13 of Chapter 130A of the General Statutes;
   2. Applications for State-funded State or local government programs primarily engaged in providing services to persons with disabilities, with such office designated by the State Board of Elections; or
   3. Claims for benefits under Chapter 96 of the General Statutes, the Employment Security Law, is designated as a voter registration agency for purposes of this section.
2. Duties of Voter Registration Agencies. -  A voter registration agency described in subsection (a) of this section shall, unless the applicant declines, in writing, to register to vote:
   1. Distribute with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance:
      1. The voter registration application form described in G.S. 163-82.3(a) or (b); or
      2. The voter registration agency's own form, if it is substantially equivalent to the form described in G.S. 163-82.3(a) or (b) and has been approved by the State Board of Elections, provided that the agency's own form may be a detachable part of the agency's paper application or may be a paperless computer process, as long as the applicant is required to sign an attestation as part of the application to register.
   2. Provide a form that contains the elements required by section 7(a)(6)(B) of the National Voter Registration Act; and
   3. Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application as is provided by the office with regard to the completion of its own forms.
3. Provided that voter registration agencies designated under subdivision (a)(3) of this section shall only be required to provide the services set out in this subsection to applicants for new claims, reopened claims, and changes of address under Chapter 96 of the General Statutes, the Employment Security Law.
4. Home Registration for Disabled. -  If a voter registration agency provides services to a person with disability at the person's home, the voter registration agency shall provide the services described in subsection (b) of this section at the person's home.
5. Prohibitions. - Any person providing any service under subsection (b) of this section shall not:
   1. Seek to influence an applicant's political preference or party registration, except that this shall not be construed to prevent the notice provided by G.S. 163-82.4(d) to be given if the applicant refuses to declare his party affiliation;
   2. Display any such political preference or party allegiance;
   3. Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
   4. Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.
6. Confidentiality of Declination to Register. - No information relating to a declination to register to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration.
7. Transmittal From Agency to Board of Elections. - Any voter registration application completed at a voter registration agency shall be accepted by that agency in lieu of the applicant's mailing the application. Any such application so received shall be transmitted to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board of Elections.
8. Twenty-Five-Day Deadline for an Election. - Applications to register accepted by a voter registration agency shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty-fifth calendar day immediately preceding such primary, general, or special election, provided that nothing shall prohibit voter registration agencies from continuing to accept applications during that period.
9. Ineligible Applications Prohibited. - No person shall make application to register to vote under this section if that person is ineligible on account of age, citizenship, lack of residence for the period of time provided by law, or because of conviction of a felony.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 507, s. 25.10(c); 1995 (Reg. Sess., 1996), c. 608, s. 1; 2009-541, s. 14(a); 2013-381, s. 12.1(f); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.20. Voter registration at other public agencies.

1. Voter Registration Agencies. - Every office in this State which accepts:
   1. Applications for a program of public assistance under Article 2 of Chapter 108A of the General Statutes or under Article 13 of Chapter 130A of the General Statutes;
   2. Applications for State-funded State or local government programs primarily engaged in providing services to persons with disabilities, with such office designated by the State Board of Elections; or
   3. Claims for benefits under Chapter 96 of the General Statutes, the Employment Security Law, is designated as a voter registration agency for purposes of this section.
2. Duties of Voter Registration Agencies. - A voter registration agency described in subsection (a) of this section shall, unless the applicant declines, in writing, to register or preregister to vote:
   1. Distribute with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance:
      1. The voter registration application form described in G.S. 163-82.3(a) or (b); or
      2. The voter registration agency's own form, if it is substantially equivalent to the form described in G.S. 163-82.3(a) or (b) and has been approved by the State Board of Elections, provided that the agency's own form may be a detachable part of the agency's paper application or may be a paperless computer process, as long as the applicant is required to sign an attestation as part of the application to register or preregister.
   2. Provide a form that contains the elements required by section 7(a)(6)(B) of the National Voter Registration Act; and
   3. Provide to each applicant who does not decline to register or preregister to vote the same degree of assistance with regard to the completion of the registration application as is provided by the office with regard to the completion of its own forms.
3. Provided that voter registration agencies designated under subdivision (a)(3) of this section shall only be required to provide the services set out in this subsection to applicants for new claims, reopened claims, and changes of address under Chapter 96 of the General Statutes, the Employment Security Law.
4. Home Registration for Disabled. - If a voter registration agency provides services to a person with disability at the person's home, the voter registration agency shall provide the services described in subsection (b) of this section at the person's home.
5. Prohibitions. - Any person providing any service under subsection (b) of this section shall not:
   1. Seek to influence an applicant's political preference or party registration, except that this shall not be construed to prevent the notice provided by G.S. 163-82.4(c) to be given if the applicant refuses to declare his party affiliation;
   2. Display any such political preference or party allegiance;
   3. Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering or preregistering to vote; or
   4. Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or preregister or not to register or preregister has any bearing on the availability of services or benefits.
6. Confidentiality of Declination to Register. - No information relating to a declination to register or preregister to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration.
7. Transmittal From Agency to Board of Elections. - Any voter registration or preregistration application completed at a voter registration agency shall be accepted by that agency in lieu of the applicant's mailing the application. Any such application so received shall be transmitted to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board of Elections.
8. Twenty-Five-Day Deadline for an Election. - Applications to register accepted by a voter registration agency shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty-fifth calendar day immediately preceding such primary, general, or special election, provided that nothing shall prohibit voter registration agencies from continuing to accept applications during that period.
   1. Ineligible Applications Prohibited. - No person shall make application to register or preregister to vote under this section if that person is ineligible on account of age, citizenship, lack of residence for the period of time provided by law, or because of conviction of a felony.

Editor's Note. - This section was recodified as now former G.S. 163A-884 by Session Laws 2017-6, s. 3. Former G.S. 163A-884 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Subsections (b1) and (c) through (h) were redesignated as subsections (c) through (i) at the direction of the Revisor of Statutes.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(a), (b), provided for certain elections relief and accommodations, applicable for the November 2018 election only, in response to Hurricane Florence and its aftermath.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 14(a), effective January 1, 2010, inserted "or preregister" following "to register" throughout the section; substituted "registering or preregistering" for "registering" in subdivision (e)(3); substituted "registration or preregistration application" for "registration application" in subsection (g); and deleted "to vote" following "person is ineligible" in subsection (i).

Session Laws 2013-381, s. 12.1(f), effective September 1, 2013, deleted "or preregister" following "register" or similar language throughout the section.

§ 163-82.20A. Voter registration upon restoration of citizenship.

The State Board of Elections, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Administrative Office of the Courts shall jointly develop and implement educational programs and procedures for persons to apply to register to vote at the time they are restored to citizenship and all filings required have been completed under Chapter 13 of the General Statutes. Those procedures shall be designed to do both of the following:

1. Inform the person that the restoration of rights removes the person's disqualification from voting, but that in order to vote the person must register to vote.
2. Provide an opportunity to that person to register to vote.

At a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice.

History

(2007-391, s. 26(a); 2011-145, s. 19.1(h); 2017-6, s. 3; 2017-186, s. 2( lllllllll ); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-885 by Session Laws 2017-6, s. 3. Former G.S. 163A-885 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in the first sentence.

Session Laws 2017-186, s. 2( lllllllll ), effective December 1, 2017, inserted "and Juvenile Justice" in the first sentence.

§ 163-82.21. Voter registration at military recruitment offices.

The Executive Director, jointly with the Department of Defense, shall develop and implement procedures for persons to apply to register to vote at recruitment offices of the Armed Forces of the United States in compliance with section 7(c) of the National Voter Registration Act.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 2001-319, s. 11; 2011-183, s. 111; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-886 by Session Laws 2017-6, s. 3. Former G.S. 163A-886 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2011-183, s. 111, effective June 20, 2011, substituted "Armed Forces" for "armed forces."

§ 163-82.22. Voter registration at public libraries and public agencies.

1. Every library covered by G.S. 153A-272 shall make available to the public the application forms described in G.S. 163-82.3, and shall keep a sufficient supply of the forms so that they are always available. Every library covered by G.S. 153A-272 shall designate at least one employee to assist voter registration applicants in completing the form during all times that the library is open.
2. If approved by the State Board of Elections, the county board of elections, and the county board of commissioners, a county may offer voter registration in accordance with this section through the following additional public offices:
   1. Senior centers or facilities operated by the county.
   2. Parks and recreation services operated by the county.

History

(1975, c. 234, s. 1; 1977, c. 626, s. 1; 1983, c. 588, ss. 2, 3; c. 707; 1991 (Reg. Sess., 1992), c. 973, ss. 1, 2; c. 1044, s. 19(b); 1993, c. 74, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2013-381, s. 5.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-887 by Session Laws 2017-6, s. 3. Former G.S. 163A-887 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2013-381, s. 1.1, provides: "Parts 1 through 6 of this act shall be known and cited as the Voter Information Verification Act." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, ss. 1.1, 5.2, 5.4, and 5.5, effective December 19, 2018.

Session Laws 2013-381, s. 5.2, provides: "The State Board of Elections shall disseminate information about photo identification requirements for voting, provide information on how to obtain photo identification appropriate for voting, and assist any registered voter without photo identification appropriate for voting with obtaining such photo identification. Information may be distributed through public service announcements, print, radio, television, online, and social media. The State Board shall work with public agencies, private partners, and nonprofits to identify voters without photo identification appropriate for voting and assist those voters in securing the photo identification appropriate for voting. All outreach efforts to notify voters of the photo identification requirements shall be accessible to the elderly and persons with disabilities. The State Board of Elections shall work with county boards of elections in those counties where there is no Division of Motor Vehicles drivers license office open five days a week to (i) widely communicate information about the availability and schedules of Division of Motor Vehicles mobile units and (ii) provide volunteers to assist voters with obtaining photo identification through mobile units." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, ss. 1.1, 5.2, 5.4, and 5.5, effective December 19, 2018.

Session Laws 2013-381, s. 5.3, as amended by Session Laws 2014-111, s. 5, and as amended by Session Laws 2015-103, s. 8(g), provides: "Education and Publicity Requirements. - The public shall be educated about the photo identification to vote requirements of this act as follows:

"(1) As counties use their regular processes to notify voters of assignments and reassignments to districts for election to the United States House of Representatives, State Senate, State House of Representatives, or local office, by including information about the provisions of this act.

"(2) As counties send new voter registration cards to voters as a result of new registration, changes of address, or other reasons, by including information about the provisions of this act.

"(3) Counties that maintain a board of elections Web site shall include information about the provisions of this act.

"(4) Notices of elections published by county boards of elections under G.S. 163-33(8) for the 2014 primary and 2014 general election shall include a brief statement that photo identification will be required to vote in person beginning in 2016.

"(5) The State Board of Elections shall include on its Web site information about the provisions of this act.

"(6) Counties shall post at the polls and at early voting sites beginning with the 2014 primary elections information about the provisions of this act.

"(7) The State Board of Elections shall distribute information about the photo identification requirements to groups and organizations serving persons with disabilities or the elderly.

"(8) The State Board of Elections, the Division of Motor Vehicles, and county boards of elections in counties where there is no Division of Motor Vehicles drivers license office open five days a week shall include information about mobile unit schedules on existing Web sites, shall distribute information about these schedules to registered voters identified without photo identification, and shall publicize information about the mobile unit schedules through other available means.

"(9) The State Board of Elections and county boards of elections shall direct volunteers to assist registered voters in counties where there is no Division of Motor Vehicles drivers license office open five days a week.

"(10) The State Board of Elections shall educate the public regarding the reasonable impediment declaration and shall use the information on reasonable impediments reported by county boards of election as provided in G.S. 163-182.1B(e) to identify and address obstacles to obtaining voter photo identification." Session Laws 2018-144, s. 2(b) repealed Session Laws 2013-381, s. 5.3, as amended by Session Laws 2015-103, s. 8(g), effective December 19, 2018.

Session Laws 2013-381, s. 5.4, provides: "The State Board of Elections 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 163 of the General Statutes." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, ss. 1.1, 5.2, 5.4, and 5.5, effective December 19, 2018.

Session Laws 2013-381, s. 5.5, provides: "By April 1, 2014, the State Board of Elections shall review and make recommendations to the Joint Legislative Elections Oversight Committee on the steps recommended by the Board 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.

"(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." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, ss. 1.1, 5.2, 5.4, and 5.5, effective December 19, 2018.

Session Laws 2013-381, s. 6.2(6), provides: "At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Effect of Amendments. - Session Laws 2013-381, s. 5.1, effective October 1, 2013, added "and public agencies" in the section heading; redesignated the formerly undesignated provisions of this section as present subsection (a); and added subsection (b).

§ 163-82.23. Voter registration at public high schools.

Every public high school shall make available to its students and others who are eligible to register to vote the application forms described in G.S. 163-82.3, and shall keep a sufficient supply of the forms so that they are always available. A local board of education may, but is not required to, designate high school employees to assist in completing the forms. Only employees who volunteer for this duty may be designated by boards of education.

History

(1975, c. 234, s. 1; 1977, c. 626, s. 1; 1983, c. 588, ss. 2, 3; c. 707; 1991 (Reg. Sess., 1992), c. 973, ss. 1, 2; c. 1044, s. 19(b); 1993, c. 74, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 2; 2009-541, s. 15(a); 2013-381, s. 12.1(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-82.23. Voter registration at public high schools.

Every public high school shall make available to its students and others who are eligible to register and preregister to vote the application forms described in G.S. 163-82.3, and shall keep a sufficient supply of the forms so that they are always available. A local board of education may, but is not required to, designate high school employees to assist in completing the forms. Only employees who volunteer for this duty may be designated by boards of education.

Editor's Note. - This section was recodified as now former G.S. 163A-888 by Session Laws 2017-6, s. 3. Former G.S. 163A-888 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 15(a), effective January 1, 2010, inserted "and preregister" in the first sentence of the section.

Session Laws 2013-381, s. 12.1(d), effective September 1, 2013, deleted "and preregister" following "eligible to register" in the first sentence of the section.

§ 163-82.24. Statewide training and certification for election officials.

1. Training. - The State Board of Elections shall conduct training programs in election law and procedures. Every county elections director shall receive training conducted by the State Board at least as often as required in the following schedule:
   1. Once during each odd-numbered year before the municipal election held in the county;
   2. Once during each even-numbered year before the first partisan primary; and
   3. Once during each even-numbered year after the partisan primaries but before the general election.
2. Certification. - The State Board of Elections shall conduct a program for certification of election officials. The program shall include training in election law and procedures. Before issuing certification to an election official, the State Board shall administer an examination designed to determine the proficiency of the official in election law and procedures. The State Board shall set adequate standards for the passage of the examination.

Every member of a county board of elections shall receive training conducted by the State Board at least once during the six months after the member's initial appointment and at least once again during the first two years of the member's service. The State Board of Elections shall promulgate rules for the training of precinct officials, which shall be followed by the county boards of elections.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 243, s. 1; 2001-319, s. 2(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-889 by Session Laws 2017-6, s. 3. Former G.S. 163A-889 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-144, s. 5(a)-(d), provides: "(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.

"(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.

"(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.

"(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."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

§ 163-82.25: Repealed by Session Laws 2013-381, s. 19.1, effective January 1, 2014.

History

(1991 (Reg. Sess., 1992), c. 1044, s. 19(e); 1993 (Reg. Sess., 1994), c. 762, s. 2; 2009-541, s. 16(a); repealed by 2013-381, s. 19.1, effective January 1, 2014.)

Editor's Note. - Former G.S. 163-82.25 pertained to mandated voter registration drives.

§ 163-82.26. Rule-making authority.

The State Board of Elections shall promulgate rules necessary to implement the provisions of this Article.

History

(1993 (Reg. Sess., 1994), c. 762, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-890 by Session Laws 2017-6, s. 3. Former G.S. 163A-890 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.27. Help America Vote Act of 2002.

As used in this Chapter, the term "Help America Vote Act of 2002" means the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485. Citations to titles and sections of the Help America Vote Act of 2002 are as they appear in the Public Law. The State Board shall have the authority to adopt rules and guidelines to implement the minimum requirements of the Help America Vote Act of 2002.

History

(2003-226, s. 21; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-891 by Session Laws 2017-6, s. 3. Former G.S. 163A-891 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

42 U.S.C. §§ 15481-15485, referred to in this section, was transferred to 52 U.S.C. §§ 21081-21085 by the Office of the Law Revision Counsel as part of an editorial reclassification of the United States Code.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-82.28. The HAVA Election Fund.

There is established a special fund to be known as the Election Fund. All funds received for implementation of the Help America Vote Act of 2002, Public Law 107-252, shall be deposited in that fund. The State Board of Elections shall use funds in the Election Fund only to implement HAVA.

History

(2003-12, s. 1; 2005-276, s. 23A.2(a); 2005-323, s. 7; 2006-264, s. 76(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-892 by Session Laws 2017-6, s. 3. Former G.S. 163A-892 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-12, s. 1 was codified as this section at the direction of the Revisor of Statutes.

Session Laws 2003-284, s. 25.1(a), as amended by Session Laws 2004-124, s. 26.1, provides appropriations to this fund, while s. 25.1(b), as amended by Session Laws 2004-124, s. 26.1, explains the matching grant program and maintenance of effort requirements under Title II of the Help America Vote Act (P.L. 107-252).

Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'."

Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year."

Session Laws 2004-124, s. 33.5, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2005-276, s. 23A.2(a), effective July 1, 2005, added "and for purposes permitted by HAVA to comply with State law" at the end of the last sentence.

§ 163-83: Reserved for future codification purposes.

§ 163-84. Time for challenge other than on day of primary or election.

The registration records of each county shall be open to inspection by any registered voter of the State, including any chief judge or judge of elections, during the normal business hours of the county board of elections on the days when the board's office is open. At those times the right of any person to register, remain registered, or vote shall be subject to objection and challenge.

History

(1901, c. 89, s. 19; Rev., s. 4339; C.S., s. 5972; 1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, s. 33; 1993 (Reg. Sess., 1994), c. 762, s. 24; 2013-381, s. 20.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-910 by Session Laws 2017-6, s. 3. Former G.S. 163A-910 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 73, provides in part: "Prosecutions for, or sentences based on, offenses occurring before the effective date of any section of this act are not abated or affected by this act and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 20.1, effective January 1, 2014, substituted "State" for "county" in the first sentence.

Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 163-85. Challenge procedure other than on day of primary or election.

1. Right to Challenge; When Challenge May Be Made. - Any registered voter of the county may challenge the right of any person to register, remain registered or vote in such county. No such challenge may be made after the twenty-fifth day before each primary, general, or special election.
2. Challenges Shall Be Made to the County Board of Elections. - Each challenge shall be made separately, in writing, under oath and on forms prescribed by the State Board of Elections, and shall specify the reasons why the challenged voter is not entitled to register, remain registered, or vote. When a challenge is made, the board of elections shall cause the word "challenged" to be written in pencil on the registration records of the voter challenged. The challenge shall be signed by the challenger and shall set forth the challenger's address.
3. Grounds for Challenge. - Such challenge may be made only for one or more of the following reasons:
   1. That a person is not a resident of the State of North Carolina, or
   2. That a person is not a resident of the county in which the person is registered, provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days, or
   3. That a person is not a resident of the precinct in which the person is registered, provided that no such challenge may be made if the person removed his residency and the period of removal has been less than 30 days, or
   4. That a person is not 18 years of age, or if the challenge is made within 60 days before a primary, that the person will not be 18 years of age by the next general election, or
   5. That a person has been adjudged guilty of a felony and is ineligible to vote under G.S. 163-55(2), or
   6. That a person is dead, or
   7. That a person is not a citizen of the United States, or
   8. With respect to municipal registration only, that a person is not a resident of the municipality in which the person is registered, or
   9. That the person is not who he or she represents himself or herself to be.
4. Preliminary Hearing. - When a challenge is made, the county board of election shall schedule a preliminary hearing on the challenge, and shall take such testimony under oath and receive such other evidence proffered by the challenger as may be offered. The burden of proof shall be on the challenger, and if no testimony is presented, the board shall dismiss the challenge. If the challenger presents evidence and if the board finds that probable cause exists that the person challenged is not qualified to vote, then the board shall schedule a hearing on the challenge.
5. Prima Facie Evidence That Voter No Longer Resides in Precinct. - The presentation of a letter mailed by returnable first-class mail to the voter at the address listed on the voter registration card and returned because the person does not live at the address shall constitute prima facie evidence that the person no longer resides in the precinct.

History

(1901, c. 89, s. 19; Rev., s. 4339; C.S., s. 5972; 1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1973, c. 793, s. 34; 1979, c. 357, s. 1; 1985, c. 563, ss. 11-11.2, 11.5; c. 589, s. 60; 1993 (Reg. Sess., 1994), c. 762, s. 25; 2009-526, s. 1.2; 2009-541, s. 16.1(a); 2009-550, s. 11; 2010-96, s. 18; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-911 by Session Laws 2017-6, s. 3. Former G.S. 163A-911 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2009-526, s. 1.2, amended G.S. 163-85(c)(10), as enacted by House Bill 908 of the 2009 General Assembly, contingent on that act becoming law. House Bill 908 was enacted as Session Laws 2009-541.

Session Laws 2009-550, s. 11, amended G.S. 163-85(c)(10), as enacted by House Bill 908 of the 2009 General Assembly, contingent on that act becoming law. House Bill 908 was enacted as Session Laws 2009-541.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-526, s. 1.2, effective August 26, 2009, in subdivision (c)(10), deleted "presenting himself to vote" following "person" and made gender neutral changes.

Session Laws 2009-541, s. 16.1(a), effective August 28, 2009, added subdivision (c)(10).

Session Laws 2009-550, s. 11, effective August 28, 2009, in subdivision (c)(10), deleted "presenting himself to vote" following "person" and made gender neutral changes.

Session Laws 2010-96, s. 18, effective July 20, 2010, in subdivisions (c)(7a) and (c)(9), added "or" at the end.

Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 163-86. Hearing on challenge.

1. A challenge made under G.S. 163-85 shall be heard and decided before the date of the next primary or election, except that if the board finds that because of the number of challenges, it cannot hold all hearings before the date of the election, it may order the challenges to be heard and decided at the next time the challenged person appears and seeks to vote, as if the challenge had been filed under G.S. 163-87. Unless the hearing is ordered held under G.S. 163-87, it shall be heard and decided by the board of elections.
2. At least 10 days prior to the hearing scheduled under G.S. 163-86(c), the board of elections shall mail by first-class mail, a written notice of the challenge to the challenged voter, to the address of the voter listed in the registration records of the county. The notice shall state succinctly the grounds asserted, and shall state the time and place of the hearing. If the hearing is to be held at the polls, the notice shall state that fact and shall list the date of the next scheduled election, the location of the voter's polling place, and the time the polls will be open. A copy of the notice shall be sent to the person making the challenge and to the chairman of each political party in the county.
3. At the time and place set for the hearing on a challenge entered prior to the date of a primary or election, the county board of elections shall explain to the challenged registrant the qualifications for registration and voting in this State. The board chairman, or in his absence the board secretary, shall then administer the following oath to the challenged registrant:
4. Appearance by Challenged Registrant. - The challenged registrant shall appear in person at the challenge hearing. If he is unable to appear in person, he may be represented by another person and must tender to the county board of elections an affidavit that he is a citizen of the United States, is at least 18 years of age or will become 18 by the date of the next general election, has or will have resided in this State and in the precinct for which registered for 30 days by the date of the next primary or election, is not disqualified from voting by the Constitution or laws of this State, is named ________ and was duly registered as a voter of ________ precinct in such name, and is the person represented to be by the affidavit.

"You swear (or affirm) that the statements and information you shall give in this hearing with respect to your identity and qualifications to be registered and to vote shall be the truth, the whole truth, and nothing but the truth, so help you, God."

After swearing the challenged registrant, the board shall examine him as to his qualifications to be registered and to vote. If the challenged registrant insists that he is qualified, the board shall tender to him the following oath or affirmation:

"You do solemnly swear (or affirm) that you are a citizen of the United States; that you are at least 18 years of age or will become 18 by the date of the next general election; that you have or will have resided in this State and in the precinct for which registered for 30 days by the date of the next primary or election; that you are not disqualified from voting by the Constitution or the laws of this State; that your name is ________, and that in such name you were duly registered as a voter of ________ precinct; and that you are the person you represent yourself to be, so help you, God."

If the challenged registrant refuses to take the tendered oath, or submit to the board the affidavit required by subsection (d), below, the challenge shall be sustained. If the challenged registrant takes the tendered oath, the board may, nevertheless, sustain the challenge if it finds the challenged registrant is not a legal voter.

The board, in conducting hearings on challenges, shall have authority to subpoena any witnesses it may deem appropriate, and administer the necessary oaths or affirmations to all witnesses brought before it to testify to the qualifications of the persons challenged.

History

(1901, c. 89, s. 22; Rev., s. 4340; C.S., s. 5973; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 1971, c. 1231, s. 1; 1973, c. 793, s. 35; 1979, c. 357, s. 2; 2008-150, s. 5(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-912 by Session Laws 2017-6, s. 3. Former G.S. 163A-912 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2008-150, s. 5(b), effective August 2, 2008, substituted "next primary or election" for "next general election" in the third paragraph of subsection (c) and in the last sentence of subsection (d).

Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 163-87. 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. 163-85(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. Repealed by Session Laws 2018-144, s. 3.1(c), effective December 19, 2018.
5. The registered voter does not present photo identification in accordance with G.S. 163-166.16.

The chief judge, judge, or assistant appointed under G.S. 163-41 or 163-42 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. 163-85(c)(3), the voter may still transfer that voter's registration under G.S. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made. A person who has transferred that voter's registration under G.S. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred.

History

(1915, c. 101, s. 11; 1917, c. 218; C.S., s. 6031; 1921, c. 181, s. 6; 1923, c. 111, s. 14; 1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2; c. 1203, s. 7; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1985, c. 563, ss. 11.4, 14; 1987, c. 408, s. 7; 1993 (Reg. Sess., 1994), c. 762, s. 26; 1995 (Reg. Sess., 1996), c. 734, s. 4; 2006-262, s. 3(a); 2009-541, s. 16.1(b); 2013-381, ss. 2.9, 20.2; 2017-6, s. 3; 2018-144, s. 3.1(c); 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-87. 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 precinct may exercise the right of challenge, and when he does so may enter the voting enclosure to make the challenge, but he shall retire therefrom as soon as the challenge is heard.

On the day of a primary or election, any other registered voter of the precinct may challenge a person for one or more of the following reasons:

(1) One or more of the reasons listed in G.S. 163-85(c).

(2) That the person has already voted in that primary or election.

(3) Repealed by Session Laws 2009-541, s. 16.1(b), effective August 28, 2009.

(4) If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party.

The chief judge, judge, or assistant appointed under G.S. 163-41 or 163-42 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. 163-85(c)(3), the voter may still transfer his registration under G.S. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made. A person who has transferred his registration under G.S. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred.

Editor's Note. - This section was recodified as now former G.S. 163A-913 by Session Laws 2017-6, s. 3. Former G.S. 163A-913 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2006-262, s. 5, provides that s. 3(a) of this act, which amended this section, is effective when it becomes law, except that any criminal penalty resulting from Session Laws 2006-262 becomes effective October 1, 2006. Prosecutions for offenses committed before October 1, 2006, are not abated or affected by Session Laws 2006-262, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

Session Laws 2013-381, s. 6.2(2), made the amendment to this section by Session Laws 2013-381, s. 2.9, which substituted "the voter" for "he" twice in the first undesignated paragraph, added subdivision (5), and substituted "that voter's" for "his" twice in the last undesignated paragraph, applicable to primaries and elections conducted on or after January 1, 2016.

Session Laws 2013-381, s. 6.2(6), provides: "At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record."

Session Laws 2013-381, s. 1.1, provides: "Parts 1 through 6 of this act shall be known and cited as the Voter Information Verification Act." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, s. 1.1, effective December 19, 2018.

Session Laws 2013-381, s. 60.1, is a severability clause.

Subdivision (4a), as added by Session Laws 2018-144, s. 3.1(a), was renumbered as subdivision (5) at the direction of the Revisor of Statutes.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Effect of Amendments. - Session Laws 2006-262, s. 3(a), effective August 27, 2006, added subdivision (4); deleted the former third paragraph which read: "On the day of a party primary, any voter of the precinct who is registered as a member of the political party conducting the primary may, at the time any registrant proposes to vote, challenge his right to vote upon the ground that he does not affiliate with the party conducting the primary or does not in good faith intend to support the candidates nominated in that party's primary, and it shall be the duty of the chief judge and judges of election to determine whether or not the challenged registrant has a right to vote in that primary according to the procedures prescribed in G.S. 163-88; provided that no challenge may be made on the grounds specified in the paragraph against an unaffiliated voter voting in the primary under G.S. 163-74(a1)."; and made minor punctuation changes.

Session Laws 2009-541, s. 16.1(b), effective August 28, 2009, deleted subdivision (3) of the second paragraph of the section, which read: "That the person presenting himself to vote is not who he represents himself to be."

Session Laws 2013-381, s. 2.9, effective January 1, 2016, substituted "the voter" for "he" twice in the first undesignated paragraph; added subdivision (5); and substituted "that voter's" for "his" twice in the last undesignated paragraph. For applicability, see editor's note.

Session Laws 2013-381, s. 20.2, effective January 1, 2014, substituted "county" for "precinct" twice in the first two undesignated paragraphs of this section.

Session Laws 2018-144, s. 3.1(c), effective December 19, 2018, deleted subdivision (4) and added subdivision (4a). See editor's note for renumbering.

Legal Periodicals. - For comment on election contests in North Carolina, see 55 N.C.L. Rev. 1228 (1977).

For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 163-88. Hearing on challenge made on day of primary or election.

1. A challenge entered on the day of a primary or election shall be heard and decided by the chief judge and judges of election of the precinct in which the challenged registrant is registered before the polls are closed on the day the challenge is made. When the challenge is heard the precinct officials conducting the hearing shall explain to the challenged registrant the qualifications for registration and voting in this State, and shall examine him as to his qualifications to be registered and to vote. If the challenged registrant insists that he is qualified, and if, by sworn testimony, he shall prove his identity with the person in whose name he offers to vote and his continued residence in the precinct since he was registered, one of the judges of election or the chief judge shall tender to him the following oath or affirmation, omitting the portions in brackets if the challenge is heard on the day of an election other than a primary:
2. Precinct election officials conducting hearings on challenges on the day of a primary or election shall have authority to administer the necessary oaths or affirmations to all witnesses brought before them to testify to the qualifications of the person challenged.
3. A letter or postal card mailed by returnable mail and returned by the United States Postal Service purportedly because the person no longer lives at that address or because a forwarding order has expired shall not be admissible evidence in a challenge heard under this section which was made under G.S. 163-87.

"You do solemnly swear (or affirm) that you are a citizen of the United States; that you are at least 18 years of age [or will become 18 by the date of the next general election]; that you have [or will have] resided in this State and in the precinct for which registered for 30 days [by the date of the next general election]; that you are not disqualified from voting by the Constitution and laws of this State; that your name is ________, and that in such name you were duly registered as a voter of this precinct; that you are the person you represent yourself to be; [that you are affiliated with the ________ party]; and that you have not voted in this [primary] election at this or any other voting place. So help you, God."

If the challenged registrant refuses to take the tendered oath, the challenge shall be sustained, and the precinct officials conducting the hearing shall mark the registration records to reflect their decision, and they shall erase the challenged registrant's name from the pollbook if it has been entered therein. If the challenged registrant takes the tendered oath, the precinct officials conducting the hearing may, nevertheless, sustain the challenge unless they are satisfied that the challenged registrant is a legal voter. If they are satisfied that he is a legal voter, they shall overrule the challenge and permit him to vote. Whenever any person's vote is received after having taken the oath prescribed in this section, the chief judge or one of the judges of election shall write on the registration record and on the pollbook opposite the registrant's name the word "sworn."

History

(1901, c. 89, s. 22; Rev., s. 4340; C.S., s. 5973; 1955, c. 871, s. 2; 1967, c. 775, s. 1; 1971, c. 1231, s. 1; 1973, c. 1223, s. 6; 1985, c. 380, ss. 1, 1.1; 1993 (Reg. Sess., 1994), c. 762, s. 27; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-914 by Session Laws 2017-6, s. 3. Former G.S. 163A-914 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Legal Periodicals. - For comment on election contests in North Carolina, see 55 N.C.L. Rev. 1228 (1977).

For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 163-88.1. Request for challenged ballot.

1. If the decision of the chief judge and judges pursuant to G.S. 163-88 is to sustain the challenge, the challenged voter may request a challenged ballot by submitting an application to the chief judge, such application shall include as part thereof an affidavit that such person possesses all the qualifications for voting and is entitled to vote at the election. The form of such affidavit shall be prescribed by the State Board of Elections and shall be available at the polls.
2. Any person requesting a challenged ballot shall have the letter "C" entered at the appropriate place on the voter's permanent registration record. The voter's name shall be entered on a separate page in the pollbook entitled "Challenged Ballot," and serially numbered. The challenged ballot shall be the same type of ballot used for absentee voters, and the chief judge shall write across the top of the ballot "Challenged Ballot # ____," and shall insert the same serial number as entered in the pollbook. The chief judge shall deliver to such voter a challenged ballot together with an envelope marked "Challenged Ballot" and serially numbered. The challenged voter shall forthwith mark the ballot in the presence of the chief judge in such manner that the chief judge shall not know how the ballot is marked. He shall then fold the ballot in the presence of the chief judge so as to conceal the markings and deposit and seal it in the serially numbered envelope. He shall then deliver such envelope to the chief judge. The chief judge shall retain all such envelopes in an envelope provided by the county board of elections, which he shall seal immediately after the polls close, and deliver to the board chairman at the canvass.
3. The chairman of the county board of elections shall preserve such ballots in the sealed envelopes for a period of six months after the election. However, in the case of a contested election, either party to such action may request the court to order that the sealed envelopes containing challenged ballots be delivered to the board of elections by the chairman. If so ordered, the board of elections shall then convene and consider each challenged ballot and rule as to which ballots shall be counted. In such consideration, the board may take such further evidence as it deems necessary, and shall have the power of subpoena. If any ballots are ordered to be counted, they shall be added to the vote totals.

History

(1979, c. 357, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 28; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-915 by Session Laws 2017-6, s. 3. Former G.S. 163A-915 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).

§ 163-89. Procedures for challenging absentee ballots.

1. Time for Challenge. - The absentee ballot of any voter may be challenged on the day of any statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 P.M., or by the chief judge at the time of closing of the polls as provided in G.S. 163-232 and G.S. 163-258.26(b). The absentee ballot of any voter received by the county board of elections pursuant to G.S. 163-231(b)(ii) or (iii) may be challenged no earlier than noon on the day following the election and no later than 5:00 p.m. on the next business day following the deadline for receipt of such absentee ballots.
2. Who May Challenge. - Any registered voter of the same precinct as the absentee voter may challenge that voter's absentee ballot.
3. Form and Nature of Challenge. - Each challenged absentee ballot shall be challenged separately. The burden of proof shall be on the challenger. Each challenge shall be made in writing and, if they are available, shall be made on forms prescribed by the State Board of Elections. Each challenge shall specify the reasons why the ballot does not comply with the provisions of this Article or why the absentee voter is not legally entitled to vote in the particular primary or election. The challenge shall be signed by the challenger.
4. To Whom Challenge Addressed; to Whom Challenge Delivered. - Each challenge shall be addressed to the county board of elections. It may be filed with the board at its offices or with the chief judge of the precinct in which the challenger and absentee voter are registered. If it is delivered to the chief judge, the chief judge shall personally deliver the challenge to the chairman of the county board of elections on the day of the county canvass.
5. Hearing Procedure. - All challenges filed under this section shall be heard by the county board of elections on the day set for the canvass of the returns. All members of the board shall attend the canvass and all members shall be present for the hearing of challenges to absentee ballots.

Before the board hears a challenge to an absentee ballot, the chairman shall mark the word "challenged" after the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters.

The board then shall hear the challenger's reasons for the challenge, and it shall make its decision without opening the container-return envelope or removing the ballots from it.

The board shall have authority to administer the necessary oaths or affirmations to all witnesses brought before it to testify to the qualifications of the voter challenged or to the validity or invalidity of the ballot.

If the challenge is sustained, the chairman shall mark the word "sustained" after the word "challenged" following the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters; the voter's ballots shall not be counted; and the container-return envelope shall not be opened but shall be marked "Challenge Sustained." All envelopes so marked shall be preserved intact by the chairman for a period of six months from canvass day or longer if any contest then is pending concerning the validity of any absentee ballot.

If the challenge is overruled, the absentee ballots shall be removed from the container-return envelopes and counted by the board of elections, and the board shall adjust the appropriate abstracts of returns to show that the ballots have been counted and tallied in the manner provided for unchallenged absentee ballots.

If the challenge was delivered to the board by the chief judge of the precinct and was sustained, the board shall reopen the appropriate ballot boxes, remove such ballots, determine how those ballots were voted, deduct such ballots from the returns, and adjust the appropriate abstracts of returns.

Any voter whose ballots have been challenged may, either personally or through an authorized representative, appear before the board at the hearing on the challenge and present evidence as to the validity of the ballot.

History

(1939, c. 159, ss. 8, 9; 1945, c. 758, s. 8; 1953, c. 1114; 1963, c. 547, s. 8; 1965, c. 871; 1967, c. 775, s. 1; 1973, c. 536, s. 4; 1993 (Reg. Sess., 1994), c. 762, s. 29; 2009-537, s. 8(c); 2014-111, s. 15(d); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-916 by Session Laws 2017-6, s. 3. Former G.S. 163A-916 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

The reference to "G.S. 163-258.26(b)" in subsection (a) was substituted for "G.S. 163-251(b)" at the direction of the Revisor of Statutes to conform to the recodification of G.S. 163-251 by Session Laws 2011-182, s. 2. Session Laws 2014-111, s. 15(d), subsequently amended the section to correct the reference.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-537, s. 8(c), effective January 1, 2010, and applicable with respect to elections held on or after that date, added the second sentence in subsection (a).

Session Laws 2014-111, s. 15(d), effective August 6, 2014, substituted "G.S. 163-258.26(b)" for "G.S. 163-251(b)" at the end of the first sentence of subsection (a). See the Editor's note.

Legal Periodicals. - For comment on election contests in North Carolina, see 55 N.C.L. Rev. 1228 (1977).

§ 163-90. Challenge as felon; answer not to be used on prosecution.

If any registered voter is challenged as having been convicted of any crime which excludes him from the right of suffrage, he shall be required to answer any question in relation to the alleged conviction, but his answers to such questions shall not be used against him in any criminal prosecution.

History

(1901, c. 89, s. 71; Rev., s. 3388; C.S., s. 5974; 1967, c. 775, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-917 by Session Laws 2017-6, s. 3. Former G.S. 163A-917 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-90.1. Burden of proof.

1. Challenges shall not be made indiscriminately and may only be made if the challenger knows, suspects or reasonably believes such a person not to be qualified and entitled to vote.
2. No challenge shall be sustained unless the challenge is substantiated by affirmative proof. In the absence of such proof, the presumption shall be that the voter is properly registered or affiliated.

History

(1979, c. 357, s. 4; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-918 by Session Laws 2017-6, s. 3. Former G.S. 163A-918 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-90.2. Action when challenge sustained, overruled, or dismissed.

1. When any challenge is sustained for any cause listed under G.S. 163-85(c), the board shall cancel or correct the voter registration of the voter. The board shall maintain such record for at least six months and during the pendency of any appeal. The challenged ballot shall be counted for any ballot items for which the challenged voter is eligible to vote, as if it were a provisional official ballot under the provisions of G.S. 163-166.11(4).
2. When any challenge made under G.S. 163-85 is overruled or dismissed, the board shall erase the word "challenged" which appears on the person's registration records.
3. A decision by a county board of elections on any challenge made under the provisions of this Article shall be appealable to the Superior Court of the county in which the offices of that board are located within 10 days. Only those persons against whom a challenge is sustained or persons who have made a challenge which is overruled shall have standing to file such appeal.

History

(1979, c. 357, s. 4; 1987 (Reg. Sess., 1988), c. 1028, s. 11; 2006-262, s. 3(b); 2017-6, s. 3; 2018-146, s. 31(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-919 by Session Laws 2017-6, s. 3. Former G.S. 163A-919 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2006-262, s. 5, provides that s. 3(b) of this act, which amended this section, is effective when it becomes law, except that any criminal penalty resulting from Session Laws 2006-262 becomes effective October 1, 2006. Prosecutions for offenses committed before October 1, 2006, are not abated or affected by Session Laws 2006-262, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-262, s. 3(b), effective August 27, 2006, in subsection (a), inserted "or correct", substituted "voter. The board" for "voter and shall remove his card from the book, but", and added the last sentence; and deleted former subsection (b) which read: "When any challenge heard under G.S. 163-88 or 163-89 is sustained on the ground that the voter is not affiliated with the political party shown on his registration record, the board shall change the voter's party affiliation to 'unaffiliated.'"

§ 163-90.3. Making false affidavit perjury.

Any person who shall knowingly make any false affidavit or shall knowingly swear or affirm falsely to any matter or thing required by the terms of this Article to be sworn or affirmed shall be guilty of a Class I felony.

History

(1979, c. 357, s. 4; 1987, c. 565, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-920 by Session Laws 2017-6, s. 3. Former G.S. 163A-920 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-91. Complaint procedure.

1. The State Board of Elections shall establish a complaint procedure as required by section 402 of Title IV of the Help America Vote Act of 2002 for the resolution of complaints alleging violations of Title III of that Act.
2. ,  (c) Repealed by Session Laws 2018-146, s. 4.5(d), effective December 27, 2018.

History

(2003-226, s. 17(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.5(d).)

Editor's Note. - This section was recodified as now former G.S. 163A-935 by Session Laws 2017-6, s. 3. Former G.S. 163A-935 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2018-146, s. 4.5(d), effective December 27, 2018, repealed subsections (b) and (c).

§§ 163-92 through 163-95: Reserved for future codification purposes.

SUBCHAPTER 04. POLITICAL PARTIES.

§ 163-96. "Political party" defined; creation of new party.

1. Definition. - A political party within the meaning of the election laws of this State shall be one of the following:
   1. Any group of voters which, at the last preceding general State election, polled for its candidate for Governor, or for presidential electors, at least two percent (2%) of the entire vote cast in the State for Governor or for presidential electors.
   2. Any group of voters which shall have filed with the State Board of Elections petitions for the formulation of a new political party which are signed by registered and qualified voters in this State equal in number to one-quarter of one percent (0.25%) of the total number of voters who voted in the most recent general election for Governor. Also the petition must be signed by at least 200 registered voters from each of three congressional districts in North Carolina. To be effective, the petitioners must file their petitions with the State Board of Elections before 12:00 noon on the first day of June preceding the day on which is to be held the first general State election in which the new political party desires to participate. The State Board of Elections shall forthwith determine the sufficiency of petitions filed with it and shall immediately communicate its determination to the State chair of the proposed new political party.
   3. Any group of voters which shall have filed with the State Board of Elections documentation that the group of voters had a candidate nominated by that group on the general election ballot of at least seventy percent (70%) of the states in the prior Presidential election. To be effective, the group must file their documentation with the State Board of Elections before 12:00 noon on the first day of June preceding the day on which is to be held the first general State election in which the new political party desires to participate. The State Board of Elections shall forthwith verify the documentation filed with it and shall immediately communicate its determination to the State chair of the proposed new political party.
2. Petitions for New Political Party. - Petitions for the creation of a new political party shall contain on the heading of each page of the petition in bold print or all in capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN ________ COUNTY HEREBY PETITION FOR THE FORMATION OF A NEW POLITICAL PARTY TO BE NAMED ________ AND WHOSE STATE CHAIRMAN IS ____________, RESIDING AT ____________ AND WHO CAN BE REACHED BY TELEPHONE AT ________."
3. Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained, and it shall be the chairman's duty:
   1. To examine the signatures on the petition and place a check mark on the petition by the name of each signer who is qualified and registered to vote in his county.
   2. To attach to the petition his signed certificate
      1. Stating that the signatures on the petition have been checked against the registration records and
      2. Indicating the number found qualified and registered to vote in his county.
   3. To return each petition, together with the certificate required by the preceding subdivision, to the person who presented it to him for checking.

All printing required to appear on the heading of the petition shall be in type no smaller than 10 point or in all capital letters, double spaced typewriter size. In addition to the form of the petition, the organizers and petition circulators shall inform the signers of the general purpose and intent of the new party.

The petitions must specify the name selected for the proposed political party. The State Board of Elections shall reject petitions for the formation of a new party if the name chosen contains any word that appears in the name of any existing political party recognized in this State or if, in the State Board's opinion, the name is so similar to that of an existing political party recognized in this State as to confuse or mislead the voters at an election.

The petitions must state the name and address of the State chairman of the proposed new political party.

The group of petitioners shall submit the petitions to the chairman of the county board of elections in the county in which the signatures were obtained no later than 5:00 P.M. on the fifteenth day preceding the date the petitions are due to be filed with the State Board of Elections as provided in subsection [subdivision] (a)(2) of this section. Provided the petitions are timely submitted, the chairman of the county board of elections shall proceed to examine and verify the signatures under the provisions of this subsection. Verification shall be completed within two weeks from the date such petitions are presented.

History

(1901, c. 89, s. 85; Rev., s. 4292; 1915, c. 101, s. 31; 1917, c. 218; C.S., ss. 5913, 6052; 1933, c. 165, ss. 1, 17; 1949, c. 671, ss. 1, 2; 1967, c. 775, s. 1; 1975, c. 179; 1979, c. 411, s. 3; 1981, c. 219, ss. 1-3; 1983, c. 576, ss. 1-3; 1997-456, s. 27; 1999-424, s. 5(a); 2004-127, s. 14; 2006-234, s. 1; 2017-6, s. 3; 2017-214, s. 1; 2018-146, s. 3.1(a), (b).)

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

Editor's Note. - This section was recodified as now former G.S. 163A-950 by Session Laws 2017-6, s. 3. Former G.S. 163A-950 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Subsection (b) of this section was renumbered as subsections (b) and (b1) pursuant to Session Law 1997-456, s. 27 which authorized the Revisor of Statutes to renumber or reletter sections and parts of sections having a number or letter designation that is incompatible with the General Assembly's computer database.

This section was amended by Session Laws 1999-424, s. 5(a), in the coded bill drafting format provided by G.S. 120-20.1. The prefatory language of s. 5(a) only referenced subsection (b) of this section, but amendments were also made to subsection (b1). This section is set out in the form above, incorporating the amendments to subsections (b) and (b1), at the direction of the Revisor of Statutes.

Session Laws 2017-214, s. 5, made the amendment to subsection (a) by Session Laws 2017-214, s. 1, effective January 1, 2018, and applicable to all primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2017-214, s. 1, effective January 1, 2018, in subsection (a), substituted "shall be one of the following" for "shall be either" at the end of the introductory language, made a punctuation change in subdivision (a)(1), In subdivision (a)(2), substituted "one-quarter of one percent (0.25%)" for "two percent (2%)" in the first sentence, substituted "three congressional districts" for "four congressional districts" in the second sentence, and substituted "State chair" for "State chairman" in the last sentence, and added subdivision (a)(3). For effective date and applicability, see editor's note.

Session Laws 2004-127, s. 14, effective July 26, 2004, deleted "THE SIGNERS OF THIS PETITION INTEND TO ORGANIZE A NEW POLITICAL PARTY TO PARTICIPATE IN THE NEXT SUCCEEDING GENERAL ELECTION" at the end of the first paragraph in subsection (b).

Session Laws 2006-234, s. 1, effective January 1, 2007, and applicable to all primaries and elections held on or after January 1, 2007, substituted "two percent (2%)" for "ten percent (10%)" near the end of subdivision (a)(1).

Legal Periodicals. - For note on definition of political parties, see 11 N.C.L. Rev. 148 (1933).

For review and comment on former G.S. 163-1, relating to the formation of new political parties, see 11 N.C.L. Rev. 226 (1933).

As to the 1949 amendment, which rewrote former G.S. 163-1, see 27 N.C.L. Rev. 455 (1949).

For article, "A Reckless Disregard for the Truth? The Constitutional Right to Lie in Politics," see 38 Campbell L. Rev. 41 (2016).

§ 163-97. Termination of status as political party.

When any political party fails to meet the test set forth in G.S. 163-96(a)(1), it shall cease to be a political party within the meaning of the primary and general election laws and all other provisions of this Subchapter.

History

(1901, c. 89, s. 85; Rev., s. 4292; C.S., s. 5913; 1933, c. 165, s. 1; 1949, c. 671, s. 1; 1967, c. 775, s. 1; 2006-234, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-951 by Session Laws 2017-6, s. 3. Former G.S. 163A-951 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-234, s. 2, effective January 1, 2007, and applicable to all primaries and elections held on or after January 1, 2007, substituted "meet the test set forth in G.S. 163-96(a)(1)" for "poll for its candidate for governor, or for presidential electors, at least ten percent (10%) of the entire vote case in the State for governor or for presidential electors at a general election" near the beginning of the section.

§ 163-97.1. Voters affiliated with expired political party.

The State Board of Elections shall be authorized to promulgate appropriate procedures to order the county boards of elections to change the registration affiliation of all voters who are recorded on the voter registration books as being affiliated with a political party which has lost its legal status as provided in G.S. 163-97. The State Board of Elections shall not implement the authority contained in this section earlier than 90 days following the certification of the election in which the political party failed to continue its legal status as provided in G.S. 163-97. All voters affiliated with such expired political party shall be changed to "unaffiliated designation" by the State Board's order and all such registrants shall be entitled to declare a political party affiliation as provided in G.S. 163-82.17.

History

(1975, c. 789; 1977, c. 408, s. 1; 2004-127, s. 10; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-952 by Session Laws 2017-6, s. 3. Former G.S. 163A-952 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 10, effective July 26, 2004, substituted "163-82.17" for "163-74(b)" at the end of the last sentence.

§ 163-98. General election participation by new political party.

In the first general election following the date on which a new political party qualifies under the provisions of G.S. 163-96, it shall be entitled to have the names of its candidates for national, State, congressional, and local offices printed on the official ballots upon paying a filing fee equal to that provided for candidates for the office in G.S. 163-107 or upon complying with the alternative available to candidates for the office in G.S. 163-107.1.

For the first general election following the date on which it qualifies under G.S. 163-96, a new political party shall select its candidates by party convention. An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have that individual's name placed on the general election ballot as a candidate for the new political party for the same office in that year. Following adjournment of the nominating convention, but not later than the first day of July prior to the general election, the president of the convention shall certify to the State Board of Elections the names of persons chosen in the convention as the new party's candidates in the ensuing general election. Any candidate nominated by a new party shall be affiliated with the party at the time of certification to the State Board of Elections. The requirement of affiliation with the party will be met if the candidate submits at or before the time of certification as a candidate an application to change party affiliation to that party. The State Board of Elections shall print names thus certified on the appropriate ballots as the nominees of the new party. The State Board of Elections shall send to each county board of elections the list of any new party candidates so that the county board can add those names to the appropriate ballot.

History

(1901, c. 89, s. 85; Rev., s. 4292; C.S., s. 5913; 1933, c. 165, s. 1; 1949, c. 671, s. 1; 1967, c. 775, s. 1; 1979, c. 411, s. 4; 2002-159, s. 55(b); 2006-234, s. 3; 2008-150, s. 10.1(a); 2017-6, s. 3; 2018-13, s. 3.4; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-953 by Session Laws 2017-6, s. 3. Former G.S. 163A-953 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made the amendment of this section by Session Laws 2018-13, s. 3.4, effective June 20, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-234, s. 3, effective January 1, 2007, and applicable to all primaries and elections held on or after January 1, 2007, added "upon paying a filing fee equal to that provided for candidates for the office in G.S. 163-107 or upon complying with the alternative available to candidates for the office in G.S. 163-107.1" at the end of the first sentence of the first paragraph; and deleted "for State, congressional, and national offices" following "party's candidates" near the end of the first sentence of the second paragraph.

Session Laws 2008-150, s. 10.1(a), effective January 1, 2009, and applicable to elections held on or after that date, inserted the third and fourth sentences in the second paragraph.

Session Laws 2018-13, s. 3.4, added the second sentence in the second paragraph. For effective date and applicability, see editor's note.

§ 163-99. Use of schools and other public buildings for political meetings.

The governing authority having control over schools or other public buildings which have facilities for group meetings, or where polling places are located, is hereby authorized and directed to permit the use of such buildings without charge, except custodial and utility fees, by political parties, as defined in G.S. 163-96, for the express purpose of annual or biennial precinct meetings and county and district conventions. Provided, that the use of such buildings by political parties shall not be permitted at times when school is in session or which would interfere with normal school activities or functions normally carried on in such school buildings, and such use shall be subject to reasonable rules and regulations of the school boards and other governing authorities.

History

(1975, c. 465; 1983, c. 519, ss. 1, 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-954 by Session Laws 2017-6, s. 3. Former G.S. 163A-954 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§§ 163-100 through 163-103: Reserved for future codification purposes.

SUBCHAPTER 05. NOMINATION OF CANDIDATES.

§ 163-104. Primaries governed by general election laws; authority of State Board of Elections to modify time schedule.

Unless otherwise provided in this Chapter, primary elections shall be conducted as far as practicable in accordance with the general election laws of this State. All provisions of this Chapter and of other laws governing elections, not inconsistent with this Article and other provisions of law dealing specifically with primaries, shall apply as fully to primary elections and to the acts and things done thereunder as to general elections. Nevertheless, for purposes of primary elections the State Board of Elections may, by general rule, modify the general election law time schedule with regard to ascertaining, declaring, and reporting results.

All acts made criminal if committed in connection with a general election shall likewise be criminal, with the same punishment, when committed in a primary election held under the provisions of this Chapter.

History

(1915, c. 101, s. 3; 1917, c. 218; C.S., s. 6020; 1967, c. 775, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification to Former G.S. 163-117 to 163-147. - Session Laws 1945, c. 894, repealed former Article 19, relating to primaries, insofar as its provisions apply to the nomination of Democratic candidates for the General Assembly and county offices in Mitchell County. Session Laws 1945, c. 894, was repealed by Session Laws 1979, c. 210, which provides that this Article is applicable in Mitchell County.

Session Laws 1957, c. 826, as amended by Session Laws 1959, c. 621, s. 2, provided that the former Article should not apply to nominations of Democratic candidates for county offices and members of the House of Representatives in Cherokee County, but such candidates should be nominated by convention of the Democratic Party.

Session Laws 1961, c. 484, provided that the former Article should not apply to nominations of Republican candidates for county offices and members of the General Assembly in Cherokee County, but such candidates should be nominated by conventions of the Republican Party.

Session Laws 1953, c. 1069, as amended by Session Laws 1959, c. 238, made the former Article applicable to Watauga County.

Session Laws 1955, c. 439, to the extent provided, made the former Article applicable to Yancey County.

Session Laws 1955, c. 442, made the former Article applicable to the Counties of Avery, Madison, Mitchell and Yancey for the purpose of nominating Democratic candidates for the state senates.

Elections for Judicial Offices 2018. - Session Laws 2018-13, s. 2(a)-(d), as amended by 2018-130, 1st Ex. Sess., ss. 2, 3, provides: "(a) The General Assembly finds that both chambers of the General Assembly have carefully examined judicial redistricting and the forms of judicial selection with multiple committees considering various proposals of selection and new judicial district maps. The General Assembly finds that, to allow for more time to thoughtfully consider these changes, the General Assembly enacted S.L. 2017-214, the Electoral Freedom Act of 2017, which, among other items, provided for a one-time cancellation of partisan primaries for the offices of district court judge, superior court judge, judges of the Court of Appeals, and Supreme Court justices for the 2018 election cycle. The General Assembly finds that all elections for judges in 2018 were to be treated uniformly under S.L. 2017-214, the Electoral Freedom Act of 2017, while those changes were considered.

"The General Assembly notes that election to these offices will be held under a plurality election system, with candidates running under a political party label on the ballot, without having gone through a party primary. The General Assembly finds that ballot language above the sections of 2018 general election ballots regarding these impacted offices setting forth the listed party affiliation of a candidate at least 90 days prior to the time of filing, consistent with G.S. 163A-973, would aid voters' understanding of the 2018 judicial races.

"(b) For the 2018 general election, the State Board of Elections and Ethics Enforcement shall, notwithstanding G.S. 163A-1114(b)(2), list the following judicial offices at the end of all partisan offices listed on the general election ballot:

"(1) Justices of the Supreme Court.

"(2) Judges of the Court of Appeals.

"(3) Judges of the superior courts.

"(4) Judges of the district courts.

"(c) Notwithstanding G.S. 163A-1112, immediately prior to the placement of the judicial offices listed in subsection (b) of this section on the ballot, the following information shall be printed:

"No primaries for judicial office were held in 2018. The party information by each of the following candidates' names is shown only if the candidates' party affiliation or unaffiliated status is the same as on their voter registration at the time they filed to run for office and 90 days prior to that filing.

"(d) Except as provided in this section, ballot order for the judicial offices listed in subsection (b) of this section shall be as provided in Section 4(j) of S.L. 2017-214."

Session Laws 2017-214, s. 4(a)-(k), as amended by Session Laws 2018-130, 1st Ex. Sess., ss. 1, 3.1, provides: "(a) No 2018 Primary for Judicial Offices. - Notwithstanding G.S. 163-106, no party primaries shall be held for candidates seeking the following offices in the general election held on November 6, 2018:

"Justices of the Supreme Court.

"Judges of the Court of Appeals.

"Judges of the superior courts.

"Judges of the district courts.

"Candidates seeking the office of Justice of the Supreme Court, judge of the Court of Appeals, judge of the superior court, or judge of the district court shall file their notice of candidacy with the State Board of Elections and Ethics Enforcement no earlier than 12:00 noon on June 18, 2018, and no later than 12:00 noon on June 29, 2018.

"(b) Form of Notice. - Each person offering to be a candidate for election shall do so by filing a notice of candidacy with the State Board of Elections and Ethics Enforcement in the following form, inserting the words in parentheses when appropriate:

"Date ________

"I hereby file notice that I am a candidate for election to the office of ________ in the regular election to be held ________.

"Signed ________

"(Name of Candidate)

"Witness: ___________________________________________________________________

"The notice of candidacy shall be either signed in the presence of the chair or secretary of the State Board of Elections and Ethics Enforcement or signed and acknowledged before an officer authorized to take acknowledgments who shall certify the notice under seal. An acknowledged and certified notice may be mailed to the State Board of Elections and Ethics Enforcement. In signing a notice of candidacy, the candidate shall use only the candidate's legal name and, in the candidate's discretion, any nickname by which commonly known. A candidate may also, in lieu of that candidate's first name and legal middle initial or middle name, if any, sign that candidate's nickname, provided the candidate appends to the notice of candidacy an affidavit that the candidate has been commonly known by that nickname for at least five years prior to the date of making the affidavit. The candidate shall also include with the affidavit the way the candidate's name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.

"A notice of candidacy signed by an agent or any person other than the candidate shall be invalid.

"A candidate, at the time of filing the notice of candidacy under this section, shall indicate on the notice of candidacy the political party recognized under Article 18 of Chapter 163A of the General Statutes with which that candidate is affiliated or any unaffiliated status. If the candidate's political party affiliation or unaffiliated status is the same as on their voter registration at the time they filed to run for office and 90 days prior to that filing, the political party designation or unaffiliated status shall be included on the ballot.

"(c) Withdrawal of Notice of Candidacy. - Any person who has filed a notice of candidacy for an office under this section shall have the right to withdraw it at any time prior to either of the following:

"(1) The close of business on the third business day prior to the date on which the right to file for that office expires under the terms of subsection (b) of this section.

"(2) The close of business August 8, 2018."

"(d) Certificate That Candidate Is Registered Voter. - Candidates shall file along with their notice a certificate signed by the chair of the board of elections or the director of elections of the county in which they are registered to vote, stating that the person is registered to vote in that county, and if the candidacy is for superior court judge or district court judge, and the county contains more than one superior court district or district court district, stating the judicial district of which the person is a resident. In issuing such certificate, the chairman or director shall check the registration records of the county to verify such information. During the period commencing 36 hours immediately preceding the filing deadline, the State Board of Elections and Ethics Enforcement shall accept, on a conditional basis, the notice of candidacy of a candidate who has failed to secure the verification ordered herein subject to receipt of verification no later than three days following the filing deadline. The State Board of Elections and Ethics Enforcement shall prescribe the form for such certificate and distribute it to each county board of elections no later than the last Monday in December of 2017.

"(e) Candidacy for More Than One Office Prohibited. - No person may file a notice of candidacy for more than one office or group of offices described in subsection (a) of this section, or for an office or group of offices described in subsection (a) of this section and an office described in G.S. 163-106(c), for any one election. If a person has filed a notice of candidacy with a board of elections under this section or under G.S. 163-106(c) for one office or group of offices, then a notice of candidacy may not later be filed for any other office or group of offices under this section when the election is on the same date unless the notice of candidacy for the first office is withdrawn under subsection (c) of this section.

"(f) Notice of Candidacy for Certain Offices to Indicate Vacancy. - In any election in which there are two or more vacancies for the office of justice of the Supreme Court, judge of the Court of Appeals, superior court judge, or district court judge to be filled by nominations, each candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections and Ethics Enforcement a written statement designating the vacancy to which the candidate seeks election. Votes cast for a candidate shall be effective only for election to the vacancy for which the candidate has given notice of candidacy as provided in this subsection.

"A person seeking election for a specialized district judgeship established under G.S. 7A-147 shall, at the time of filing notice of candidacy, file with the State Board of Elections and Ethics Enforcement a written statement designating the specialized judgeship to which the person seeks nomination.

"(g) Residency Requirements. - No person may file a notice of candidacy for superior court judge or district court judge unless that person is at the time of filing the notice of candidacy a resident of the judicial district as it will exist at the time the person would take office if elected. This subsection implements Section 9(1) of Article IV of the North Carolina Constitution, which requires regular superior court judges to reside in the district for which elected, and Section 10 of Article IV of the North Carolina Constitution, which requires every district court judge to reside in the district for which elected.

"(h) Filing Fees. - Candidates shall pay filing fees as required by G.S. 163-107 and G.S. 163-107.1.

"(i) Failure of Candidates to File; Death or Other Disqualification of a Candidate; No Withdrawal From Candidacy. -

"(1) Insufficient number of candidates. - If when the filing period expires, candidates have not filed for an office to be filled under this section, the State Board of Elections and Ethics Enforcement shall extend the filing period for five days for any such offices.

"(2) Vacancies; reopening filing. - If only one or two candidates have filed for a single office, or the number of candidates filed for a group of offices does not exceed twice the number of positions to be filled, and thereafter a remaining candidate dies or otherwise becomes disqualified before the election and before the ballots are printed, the State Board of Elections and Ethics Enforcement shall, upon notification of the death or other disqualification, immediately reopen the filing period for an additional five days during which time additional candidates shall be permitted to file for election. If the ballots have been printed at the time the State Board of Elections and Ethics Enforcement receives notice of the candidate's death or other disqualification, the Board shall determine whether there will be sufficient time to reprint them before the election if the filing period is reopened for three days. If the Board determines that there will be sufficient time to reprint the ballots, it shall reopen the filing period for three days to allow other candidates to file for election.

"(3) Later vacancies; ballots not reprinted. - If the ballots have been printed at the time the State Board of Elections and Ethics Enforcement receives notice of a candidate's death or other disqualification, and if the Board determines that there is not enough time to reprint the ballots before the election if the filing period is reopened for three days, then regardless of the number of candidates remaining for the office or group of offices, the ballots shall not be reprinted and the name of the vacated candidate shall remain on the ballots. If a vacated candidate should poll the highest number of votes in the election for a single office or enough votes to be elected to one of a group of offices, the State Board of Elections and Ethics Enforcement shall declare the office vacant and it shall be filled in the manner provided by law.

"(4) No withdrawal permitted of living, qualified candidate after close of filing. - After the close of the candidate filing period, a candidate who has filed a notice of candidacy for an office under this section, who has not withdrawn notice before the close of filing as permitted by subsection (c) of this section, who remains alive, and has not become disqualified for the office may not withdraw his or her candidacy. That candidate's name shall remain on the ballot, any votes cast for the candidacy shall be counted in primary or election, and if the candidate wins, the candidate may fail to qualify by refusing to take the oath of office.

"(5) Death, disqualification, or failure to qualify after election. - If a person elected to the office of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge dies or becomes disqualified on or after election day and before that person has qualified by taking the oath of office, or fails to qualify by refusing to take the oath of office, the office shall be deemed vacant and shall be filled as provided by law.

"(j) Ballot Order. - For the 2018 general election, the State Board of Elections and Ethics Enforcement shall place elections for the offices elected as provided in this section with other partisan offices, as provided in G.S. 163-165.6(b)(3). Order of candidates for those offices shall be determined as provided in G.S. 163-165.6(c).

"(k) Determination of Election Winners. - A general election for all candidates seeking office as provided in this section shall be held on November 6, 2018. In the general election, the candidate for a single office receiving the highest number of votes shall be elected. Those candidates for a group of offices receiving the highest number of votes, equal in number to the number of positions to be filled, shall be elected. If two candidates receiving the highest number of votes each received the same number of votes, the State Board of Elections and Ethics Enforcement shall determine the winner by lot."

Editor's Note. - This section was recodified as now former G.S. 163A-970 by Session Laws 2017-6, s. 3. Former G.S. 163A-970 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

For provisions pertaining to the scheduling of the 2016 primary, see the note for Session Laws 2016-2, Ex. Sess., s. 1(a)-(f), at G.S. 163A-972.

Session Laws 2016-2, Ex. Sess., s. 3(a)-(d), provides: "(a) Temporary Orders. - In order to accommodate the scheduling of the 2016 U.S. House of Representatives primary, the State Board of Elections may issue temporary orders that may change, modify, delete, amend, or add to any statute contained in Chapter 163 of the General Statutes, any rules contained in Title 8 of the North Carolina Administrative Code, or any other election regulation or guideline that may affect the 2016 U.S. House of Representatives primary elections. These temporary orders shall only be effective for the 2016 U.S. House of Representatives primary elections.

"(b) Orders, Not Rules. - Orders issued under this act are not rules subject to the provisions of Chapter 150B of the General Statutes. Orders issued under this act shall be published in the North Carolina Register upon issuance.

"(c) Expiration of Orders. - Any orders issued under this act become void 10 days after the final certification of all 2016 U.S. House of Representatives primary elections. This act expires 10 days after the final certification of all 2016 U.S. House of Representatives primary elections.

"(d) Definition. - As used in this act, 'order' also includes guidelines and directives."

Session Laws 2016-2, Ex. Sess., s. 4, provides: "Any ballots cast in accordance with S.L. 2015-258 for the 2016 U.S. House of Representatives primary races only shall not be certified by the State Board of Elections, are confidential, and are not a public record under G.S. 132-1."

Session Laws 2016-2, Ex. Sess., s. 5, provides: "This act is effective when it becomes law and applies to the 2016 election cycle unless, prior to March 16, 2016, the United States Supreme Court reverses or stays the decision of the United States District Court for the Middle District of North Carolina holding unconstitutional G.S. 163-201(a) as it existed prior to the enactment of this act (or the decision is otherwise enjoined, made inoperable, or ineffective), and in any such case, this act is repealed." The contingency did not occur.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-105. Payment of expense of conducting primary elections.

The expense of printing and distributing the poll and registration books and blanks to be furnished by the State, and the per diem and expenses of the State Board of Elections while engaged in the discharge of primary election duties imposed by law upon that Board, shall be paid by the State.

The expenses of printing and distributing ballots pursuant to G.S. 163-165.3 and the per diem (or salary) and expenses of the county board of elections and the chief judges and judges of election, while engaged in the discharge of primary election duties imposed by law upon them, shall be paid by the counties.

History

(1915, c. 101, s. 7; 1917, c. 218; C.S., s. 6026; 1927, c. 260, s. 21; 1933, c. 165, s. 14; 1967, c. 775, s. 1; 1985, c. 563, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 30; 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2020-69, s. 5.5.)

Editor's Note. - This section was recodified as now former G.S. 163A-971 by Session Laws 2017-6, s. 3. Former G.S. 163A-971 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 73 provides in part: "Prosecutions for, or sentences based on, offenses occurring before the effective date of any section of this act are not abated or affected by this act and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2020-69, s. 5.5, effective July 1, 2020, substituted "books and blanks" for "books, blanks, and ballots for those offices required by G.S. 163-109(b)" in the first paragraph, and substituted "ballots pursuant to G.S. 163-165.3" for "the ballots for those offices required by G.S. 163-109(c) to be furnished by counties" in the second paragraph.

§ 163-106. Notices of candidacy; pledge; with whom filed; date for filing.

1. Notice and Pledge. - No one shall be voted for in a primary election without having filed a notice of candidacy with the appropriate board of elections, State or county, as required by this section and G.S. 163-106.1, 163-106.2, 163-106.3, 163-106.5, and 163-106.6. To this end every candidate for selection as the nominee of a political party shall file with and place in the possession of the board of elections specified in G.S. 163-106.2, a notice and pledge in the following form:
2. [Name of Candidate.  - ] In signing the notice of candidacy the candidate shall use only that candidate's legal name and may use any nickname by which he is commonly known. A candidate may also, in lieu of that candidate's legal first name and legal middle initial or middle name (if any) sign a nickname, provided that the candidate appends to the notice of candidacy an affidavit that the candidate has been commonly known by that nickname for at least five years prior to the date of making the affidavit. The candidate shall also include with the affidavit the way that candidate's name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
3. [Agent's Signature Invalid.  - ] A notice of candidacy signed by an agent or any person other than the candidate shall be invalid.
4. [Forms Provided by State Board.  - ] Prior to the date on which candidates may commence filing, the State Board of Elections shall print and furnish, at State expense, to each county board of elections a sufficient number of the notice of candidacy forms prescribed by this subsection for use by candidates required to file with county boards of elections.
5. Disclosure of Felony Conviction. - At the same time the candidate files notice of candidacy under this section and G.S. 163-106.1, 163-106.2, 163-106.3, 163-106,5, and 163-106.6, the candidate shall file with the same office a statement answering the following question: "Have you ever been convicted of a felony?" The State Board of Elections shall adapt the notice of candidacy form to include the statement required by this subsection. The form shall make clear that a felony conviction need not be disclosed if the conviction was dismissed as a result of reversal on appeal or resulted in a pardon of innocence or expungement. The form shall require a candidate who answers "yes" to the question to provide the name of the offense, the date of conviction, the date of the restoration of citizenship rights, and the county and state of conviction. The form shall require the candidate to swear or affirm that the statements on the form are true, correct, and complete to the best of the candidate's knowledge or belief. The form shall be available as a public record in the office of the board of elections where the candidate files notice of candidacy and shall contain an explanation that a prior felony conviction does not preclude holding elective office if the candidate's rights of citizenship have been restored. This subsection shall also apply to individuals who become candidates for election by the people under G.S. 163-114, 163-122, 163-123, 163-98, 115C-37, 130A-50, Article 24 of this Chapter, or any other statute or local act. Those individuals shall complete the question at the time the documents are filed initiating their candidacy. The State Board of Elections shall adapt those documents to include the statement required by this subsection. If an individual does not complete the statement required by this subsection, the board of elections accepting the filing shall notify the individual of the omission, and the individual shall have 48 hours after notice to complete the statement. If the individual does not complete the statement at the time of filing or within 48 hours after the notice, the individual's filing is not complete, the individual's name shall not appear on the ballot as a candidate, and votes for the individual shall not be counted. It is a Class I felony to complete the form knowing that information as to felony conviction or restoration of citizenship is untrue. This subsection shall not apply to candidates required by G.S. 138A-22(f) to file Statements of Economic Interest.

Date __________________ I hereby file notice as a candidate for nomination as ________________________ in the __________________ party primary election to be held on ______________, ____________ I affiliate with the __________________ party, (and I certify that I am now registered on the registration records of the precinct in which I reside as an affiliate of the ________________________ party.) I pledge that if I am defeated in the primary, I will not run for the same office as a write-in candidate in the next general election. Signed ______________________________________________________________ (Name of Candidate) Witness: ______________________________________________ ______________________________________________ (Title of witness)

Each candidate shall sign the notice of candidacy in the presence of the chairman or secretary of the board of elections, State or county, with which the candidate files. In the alternative, a candidate may have the candidate's signature on the notice of candidacy acknowledged and certified to by an officer authorized to take acknowledgments and administer oaths, in which case the candidate may mail or deliver by commercial courier service the candidate's notice of candidacy to the appropriate board of elections.

History

(1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2016-125, 4th Ex. Sess., s. 21(a); 2017-3, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1.

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

2016 General Primary Election. - Session Laws 2015-258, s. 2(a)-(k), as amended by Session Laws 2016-2, Ex. Sess., s. 2(b), provides: "(a) General Primary Date. - Notwithstanding G.S. 163-1(b), the primary election in 2016 shall be conducted on the same date as the 2016 presidential preference primary, as established by subsection (b) of Section 1 of this act [March 15, 2016].

"(b) Filing Period. - Notwithstanding G.S. 163-106, the filing period for the 2016 primary shall open at 12:00 noon on Tuesday, December 1, 2015, and close at 12:00 noon on Monday, December 21, 2015.

"(c) Eligibility to File. - Notwithstanding G.S. 163-106, no person shall be permitted to file as a candidate in a party primary unless that person has been affiliated with that party for at least 75 days as of the date of that person filing such notice of candidacy. A person registered as 'Unaffiliated' shall be ineligible to file as a candidate in a party primary election.

"(d) Repealed by Session Laws 2016-2, Ex. Sess., s. 2(b).

"(e) Special Elections. - Any special election authorized by statute or local act that is set for May 2016 shall be placed on the ballot at the time of the presidential preference primary, as established by subsection (b) of Section 1 of this act [March 15, 2016], unless the unit of government calling the special election affirmatively changes the date for the special election to another date in accordance with G.S. 163-287.

"(f) Statement of Economic Interest. - Notwithstanding G.S. 138A-22, the statement of economic interest required of any candidate for elective office subject to Article 2 of Chapter 138A of the General Statutes shall be filed with the State Ethics Commission on or before February 1, 2016.

"(g) Campaign Finance Reports. - Notwithstanding Article 22A of Chapter 163 of the General Statutes, the following changes shall be made to the required campaign finance reports:

"(1) The report for the first quarter shall be due Monday, March 7, 2016, and shall cover the period through February 29, 2016.

"(2) The report for the second quarter shall also cover March 2016.

"(h) Temporary Orders. - In order to accommodate the scheduling of the 2016 primary before the Tuesday after the first Monday in May, the State Board of Elections may issue temporary orders that may change, modify, delete, amend, or add to any statute contained in Chapter 163 of the General Statutes, any rules contained in Title 8 of the North Carolina Administrative Code, or any other election regulation or guideline that may affect the 2016 primary elections. These temporary orders shall only be effective for the 2016 primary elections.

"(i) Orders, Not Rules. - Orders issued under this section are not rules subject to the provisions of Chapter 150B of the General Statutes. Orders issued under this section shall be published in the North Carolina Register upon issuance.

"(j) Expiration of Orders. - Any orders issued under this section become void 10 days after the final certification of all 2016 primary elections. This section expires 10 days after the final certification of all 2016 primary elections.

"(k) Definition. - As used in this section, 'order' also includes guidelines and directives."

Session Laws 2016-2, Ex. Sess., s. 1(a)-(f), provides: "Conduct of 2016 U.S. House of Representatives Primary Election. - Notwithstanding Section 2 of S.L. 2015-258, the 2016 U.S. House of Representatives primary election shall be conducted as provided in this act.

"U.S. House of Representatives Primary Election Date. - Notwithstanding G.S. 163-1(b), the 2016 U.S. House of Representatives primary election shall be held on Tuesday, June 7, 2016.

"Filing Period for the U.S. House of Representatives Primary Election. - Notwithstanding G.S. 163-106 and Section 2 of S.L. 2015-258, the filing period for the 2016 U.S. House of Representatives primary shall open at 12:00 noon on Wednesday, March 16, 2016, and close at 12:00 noon on Friday, March 25, 2016.

"Eligibility to File. - Notwithstanding G.S. 163-106, no person shall be permitted to file as a candidate in the 2016 U.S. House of Representatives primary unless that person has been affiliated with that party for at least 75 days as of the date of that person filing such notice of candidacy. A person registered as 'Unaffiliated' shall be ineligible to file as a candidate in a party primary election.

"No Run for Two Separate Offices at the Same Time. - A candidate who is certified as the winner of a primary election on March 15 and certified as the winner of a primary election on June 7 shall withdraw the notice of candidacy for one of those races no later than one week after the certification of both primary election results in order to comply with G.S. 163-124.

"Return of Filing Fee. - Any candidate who has filed notice of candidacy for the office of 2016 U.S. House of Representatives prior to enactment of this act shall be entitled to return of that candidate's filing fee."

Editor's Note. - This section was formerly subsections (a) and (a1) of G.S. 163-106, and was recodified as now former G.S. 163A-972 by Session Laws 2017-6, s. 3. Former G.S. 163A-972 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date.

Session Laws 2016-2, Ex. Sess., s. 2(c), provides: "Any election authorized by statute that is set for the date of the second primary shall be placed on the ballot at the time of the U.S. House of Representatives primary election, as established by subsection (b) of Section 1 of this act."

Session Laws 2016-2, Ex. Sess., s. 3(a)-(d), provides: "(a) Temporary Orders. - In order to accommodate the scheduling of the 2016 U.S. House of Representatives primary, the State Board of Elections may issue temporary orders that may change, modify, delete, amend, or add to any statute contained in Chapter 163 of the General Statutes, any rules contained in Title 8 of the North Carolina Administrative Code, or any other election regulation or guideline that may affect the 2016 U.S. House of Representatives primary elections. These temporary orders shall only be effective for the 2016 U.S. House of Representatives primary elections.

"(b) Orders, Not Rules. - Orders issued under this act are not rules subject to the provisions of Chapter 150B of the General Statutes. Orders issued under this act shall be published in the North Carolina Register upon issuance.

"(c) Expiration of Orders. - Any orders issued under this act become void 10 days after the final certification of all 2016 U.S. House of Representatives primary elections. This act expires 10 days after the final certification of all 2016 U.S. House of Representatives primary elections.

"(d) Definition. - As used in this act, 'order' also includes guidelines and directives."

For provisions pertaining to the scheduling of this primary, see the note for Session Laws 2016-2, Ex. Sess., s. 1(a)-(f), at G.S. 163A-972.

Session Laws 2016-2, Ex. Sess., s. 4, provides: "Any ballots cast in accordance with S.L. 2015-258 for the 2016 U.S. House of Representatives primary races only shall not be certified by the State Board of Elections, are confidential, and are not a public record under G.S. 132-1."

Session Laws 2016-2, Ex. Sess., s. 5, provides: "This act is effective when it becomes law and applies to the 2016 election cycle unless, prior to March 16, 2016, the United States Supreme Court reverses or stays the decision of the United States District Court for the Middle District of North Carolina holding unconstitutional G.S. 163-201(a) as it existed prior to the enactment of this act (or the decision is otherwise enjoined, made inoperable, or ineffective), and in any such case, this act is repealed." The contingency did not occur.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsections (c) and (d) by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, amends former subsections (c) and (d), which were recodified as G.S. 163A-974 and 163A-975.

Session Laws 2017-3, s. 5, effective January 1, 2018, amended former subsections (c), (d), (f) and added (j). They were recodified as G.S. 163A-974, 163A-975, and 163A-977 at the direction of the Revisor of Statutes.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change.

Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1).

Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a).

Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the."

Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, in subsection (c), inserted the fourth and fifth offices listed following the introductory language; and in subsection (d), inserted "two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or" in the first sentence, and substituted "the candidate" for "he" twice. For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 5, effective January 1, 2018, in subsection (c), added "Judges of the superior court" and "Judges of the district court"; in subsection (d), added "two or more vacancies for district court judge, or" following "vacancies for the Court of Appeals," and added the second sentence; added "if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident," following "registered to vote in that county" in subsection (f); added subsection (j); and made a related change.

Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-106.1. Eligibility to file.

No person shall be permitted to file as a candidate in a party primary unless that person has been affiliated with that party for at least 90 days as of the date of that person filing such notice of candidacy. A person registered as "unaffiliated" shall be ineligible to file as a candidate in a party primary election.

History

(1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2016-125, 4th Ex. Sess., s. 21(a); 2017-3, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1.

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

Editor's Note. - This section was formerly subsection (b) of G.S. 163-106, and was recodified as now former G.S. 163A-973 by Session Laws 2017-6, s. 3. Former G.S. 163A-973 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsections (c) and (d) by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change.

Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1).

Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a).

Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the."

Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, in subsection (c), inserted the fourth and fifth offices listed following the introductory language; and in subsection (d), inserted "two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or" in the first sentence, and substituted "the candidate" for "he" twice. For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 5, effective January 1, 2018, in subsection (c), added "Judges of the superior court" and "Judges of the district court"; in subsection (d), added "two or more vacancies for district court judge, or" following "vacancies for the Court of Appeals," and added the second sentence; added "if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident," following "registered to vote in that county" in subsection (f); added subsection (j); and made a related change.

Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-106.2. Time for filing notice of candidacy.

1. Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board no earlier than 12:00 noon on the first Monday in December and no later than 12:00 noon on the third Friday in December preceding the primary:
2. Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the county board of elections no earlier than 12:00 noon on the first Monday in December and no later than 12:00 noon on the third Friday in December preceding the primary:

Governor

Lieutenant Governor

All State executive officers

Justices of the Supreme Court

Judges of the Court of Appeals

Judges of the superior court

Judges of the district court

United States Senators

Members of the House of Representatives of the United States

District attorneys

State Senators

Members of the State House of Representatives

All county offices.

History

(1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2016-125, 4th Ex. Sess., s. 21(a); 2017-3, s. 5; 2017-6, s. 3; 2018-21, s. 2; 2018-146, s. 3.1(a), (b).)

Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1.

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

Editor's Note. - This section was formerly subsection (c) of G.S. 163-106, and was recodified as now former G.S. 163A-974 by Session Laws 2017-6, s. 3. Former G.S. 163A-974 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to this section by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2016-125, s. 25, 4th Ex Sess., is a severability clause.

Session Laws 2018-21, s. 4, made the amendment of this section by Session Laws 2018-21, s. 2, effective January 1, 2019, and applicable to even-year elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change.

Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1).

Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a).

Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the."

Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, added "Justices of the Supreme Court" and "Judges of the Court of Appeals" to the list of offices in subsection (a). For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 5, effective with respect to primaries and elections held on or after January 1, 2018, in subsection (c), added "Judges of the superior court" and "Judges of the district court"; in subsection (d), added "two or more vacancies for district court judge, or" following "vacancies for the Court of Appeals," and added the second sentence; added "if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident," following "registered to vote in that county" in subsection (f); added subsection (j); and made a related change.

Session Laws 2018-21, s. 2, in introductory paragraphs of subsections (a) and (b), substituted "first Monday in December and no later than 12:00 noon on the third Friday in December" for "second Monday in February and no later than 12:00 noon on the last business day in February." For effective date and applicability, see editor's note.

Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-106.3. Notice of candidacy for certain offices to indicate vacancy.

In any primary in which there are two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, two or more vacancies for superior or district court judge, or two vacancies for United States Senator from North Carolina, each candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the vacancy to which the candidate seeks nomination. The designation shall not be the name or names of any incumbent or other individual but shall be designated as determined by the State Board of Elections. A person seeking election for a specialized district judgeship established under G.S. 7A-147 shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the specialized judgeship to which the person seeks nomination. Votes cast for a candidate shall be effective only for nomination to the vacancy for which the candidate has given notice of candidacy as provided in this section.

History

(1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2016-125, 4th Ex. Sess., s. 21(a); 2017-3, s. 5; 2017-6, s. 3; 2018-121, s. 4(b); 2018-146, s. 3.1(a), (b).)

Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1.

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

Editor's Note. - This section was formerly subsection (d) of G.S. 163-106, and was recodified as now former G.S. 163A-975 by Session Laws 2017-6, s. 3. Former G.S. 163A-975 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to this section by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2016-125, s. 25, 4th Ex Sess., is a severability clause.

Session Laws 2018-121, s. 4(c), made the amendment of this section by Session Laws 2018-121, s. 4(b), effective June 28, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change.

Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1).

Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a).

Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the."

Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, inserted "two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or" in the first sentence, and substituted "the candidate" for "he" twice. For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 5, effective with respect to primaries and elections held on or after January 1, 2018, inserted "two or more vacancies for district court judge, or" in the first sentence and added the second sentence.

Session Laws 2018-121, s. 4(b), inserted "superior or" preceding "district" in the first sentence and added the second sentence. For effective date and applicability, see editor's note.

Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-106.4. Withdrawal of notice of candidacy.

Any person who has filed notice of candidacy for an office shall have the right to withdraw it at any time prior to the close of business on the third business day prior to the date on which the right to file for that office expires under the terms of G.S. 163-106.2. If a candidate does not withdraw before the deadline, except as provided in G.S. 163-112, his name shall be printed on the primary ballot, any votes for him shall be counted, and he shall not be refunded his filing fee.

History

(1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2017-3, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1.

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

Editor's Note. - This section was formerly subsection (e) of G.S. 163-106, and was recodified as now former G.S. 163A-976 by Session Laws 2017-6, s. 3. Former G.S. 163A-976 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsections (c) and (d) by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change.

Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1).

Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a).

Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the."

Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, in subsection (c), inserted the fourth and fifth offices listed following the introductory language; and in subsection (d), inserted "two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or" in the first sentence, and substituted "the candidate" for "he" twice. For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 5, effective January 1, 2018, in subsection (c), added "Judges of the superior court" and "Judges of the district court"; in subsection (d), added "two or more vacancies for district court judge, or" following "vacancies for the Court of Appeals," and added the second sentence; added "if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident," following "registered to vote in that county" in subsection (f); added subsection (j); and made a related change.

Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-106.5. Certificate of registration to vote in county and party affiliation; cancellation of candidacy; residency requirements for judges.

1. Candidates required to file their notice of candidacy with the State Board of Elections under G.S. 163-106.2 shall file along with their notice a certificate signed by the chairman of the board of elections or the director of elections of the county in which they are registered to vote, stating that the person is registered to vote in that county, if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident, stating the party with which the person is affiliated, and that the person has not changed his affiliation from another party or from unaffiliated within three months prior to the filing deadline under G.S. 163-106.2. In issuing such certificate, the chairman or director shall check the registration records of the county to verify such information. During the period commencing 36 hours immediately preceding the filing deadline the State Board of Elections shall accept, on a conditional basis, the notice of candidacy of a candidate who has failed to secure the verification ordered herein subject to receipt of verification no later than three days following the filing deadline. The State Board of Elections shall prescribe the form for such certificate, and distribute it to each county board of elections no later than the last Monday in December of each odd-numbered year.
2. When any candidate files a notice of candidacy with a board of elections under G.S. 163-106.2 or under G.S. 163-291(2), the board of elections shall, immediately upon receipt of the notice of candidacy, inspect the registration records of the county, and cancel the notice of candidacy of any person who does not meet the constitutional or statutory qualifications for the office, including residency.
3. No person may file a notice of candidacy for superior court judge, unless that person is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at the time the person would take office if elected. No person may be nominated as a superior court judge under G.S. 163-114, unless that person is, at the time of nomination, a resident of the judicial district as it will exist at the time the person would take office if elected. This subsection implements Section 9(1) of Article IV of the North Carolina Constitution, which requires regular superior court judges to reside in the district for which elected.

The board shall give notice of cancellation to any candidate whose notice of candidacy has been cancelled under this section by mail or by having the notice served on him by the sheriff, and to any other candidate filing for the same office. A candidate who has been adversely affected by a cancellation or another candidate for the same office affected by a substantiation under this section may request a hearing on the cancellation. If the candidate requests a hearing, the hearing shall be conducted in accordance with Article 11B of this Chapter.

History

(1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2017-3, s. 5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1.

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

Editor's Note. - This section was formerly subsections (f), (g), and (j) of G.S. 163-106, and was recodified as now former G.S. 163A-977 by Session Laws 2017-6, s. 3. Former G.S. 163A-977 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsections (c) and (d) by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change.

Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1).

Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a).

Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the."

Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, in subsection (c), inserted the fourth and fifth offices listed following the introductory language; and in subsection (d), inserted "two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or" in the first sentence, and substituted "the candidate" for "he" twice. For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 5, effective with respect to primaries and elections held on or after January 1, 2018, in subsection (a), inserted "if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident'; and added subsection (c).

Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-106.6. Prohibition on certain dual candidacies; exception.

No person may file a notice of candidacy for more than one office described in G.S. 163-106.2 for any one election. If a person has filed a notice of candidacy with a board of elections under G.S. 163-106 for one office, then a notice of candidacy may not later be filed for any other office under G.S. 163-106 when the election is on the same date unless the notice of candidacy for the first office is withdrawn under G.S. 163-106.4; provided that this section shall not apply unless the deadline for filing notices of candidacy for both offices is the same. Notwithstanding this section, a person may file a notice of candidacy for a full term as United States Senator, and also file a notice of candidacy for the remainder of the unexpired term of that same seat in an election held under G.S. 163-12, and may file a notice of candidacy for a full term as a member of the United States House of Representatives, and also file a notice of candidacy for the remainder of the unexpired term in an election held under G.S. 163-13.

History

(1915, c. 101, ss. 6, 15; 1917, c. 218; C.S., ss. 6022, 6035; 1921, c. 217; 1923, c. 111, s. 13; C.S., s. 6055(a); 1927, c. 260, s. 19; 1929, c. 26, s. 1; 1933, c. 165, s. 12; 1937, c. 364; 1947, c. 505, s. 7; 1949, c. 672, s. 4; c. 932; 1951, c. 1009, s. 3; 1955, c. 755; c. 871, s. 1; 1959, c. 1203, s. 4; 1965, c. 262; 1967, c. 775, s. 1; c. 1063, s. 2; 1969, c. 44, s. 83; c. 1190, s. 56; 1971, cc. 189, 675, 798; 1973, c. 47, s. 2; c. 793, s. 36; c. 862; 1975, c. 844, s. 2; 1977, c. 265, ss. 4, 5; c. 408, s. 2; c. 661, ss. 2, 3; 1979, c. 24; c. 411, s. 5; 1981, c. 32, ss. 1, 2; 1983, c. 330, s. 1; 1985, c. 472, s. 2; c. 558, s. 1; c. 759, s. 6; 1985 (Reg. Sess., 1986), c. 957, s. 1; 1987, c. 509, s. 13; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1028, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 31; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 8; 1999-456, s. 59; 2001-403, s. 3; 2001-466, s. 5.1(a); 2002-158, ss. 8, 9; 2002-159, s. 55(a); 2006-155, s. 2; 2007-369, s. 1; 2009-47, s. 1; 2013-381, s. 21.1; 2014-111, s. 1(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Pasquotank: 1995 (Reg. Sess., 1996), c. 612, s. 1; Halifax County Board of Elections: 1983 (Reg. Sess., 1984), c. 984; Stanly County Board of Education: 2011-175, s. 1.

Cross References. - As to prohibition on not running for two separate offices at the same time, see G.S. 163-124.

Editor's Note. - This section was formerly subsection (h) of G.S. 163-106, and was recodified as now former G.S. 163A-978 by Session Laws 2017-6, s. 3. Former G.S. 163A-978 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2014-111, s. 1(b) made the amendments to subsection (b) of this section by Session Laws 2014-111, s. 1(a), effective January 1, 2015, and applicable to elections conducted on or after that date.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsections (c) and (d) by Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 2, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, in subsection (g), in the first paragraph, deleted "county" preceding "board", substituted "board" for "chairman or director", and substituted "does not meet the constitutional or statutory qualifications for the office, including residency" for "is not eligible under subsection (c) of this section" at the end, in the second paragraph, in the first sentence, added "and to any other candidate filing for the same office" at the end, added the last two sentences, and made a minor stylistic change.

Session Laws 2007-369, s. 1, effective January 1, 2008, added subsection (a1).

Session Laws 2009-47, s. 1, effective January 1, 2010, and applicable with respect to primaries and elections held on or after that date, substituted "the same office" for "any office" in the form in subsection (a).

Session Laws 2013-381, s. 21.1, effective January 1, 2014, in subsection (e), added "prior to the close of business on the third business day," and deleted "filing" following "withdraw before the."

Session Laws 2014-111, s. 1(a), effective January 1, 2015, rewrote subsection (b). See Editor's note for applicability.

Session Laws 2016-125, 4th Ex. Sess., s. 21(a), effective January 1, 2018, in subsection (c), inserted the fourth and fifth offices listed following the introductory language; and in subsection (d), inserted "two or more vacancies for associate justices for the Supreme Court, two or more vacancies for the Court of Appeals, or" in the first sentence, and substituted "the candidate" for "he" twice. For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 5, effective January 1, 2018, in subsection (c), added "Judges of the superior court" and "Judges of the district court"; in subsection (d), added "two or more vacancies for district court judge, or" following "vacancies for the Court of Appeals," and added the second sentence; added "if the candidacy is for superior court judge and the county contains more than one superior court district, stating the superior court district of which the person is a resident," following "registered to vote in that county" in subsection (f); added subsection (j); and made a related change.

Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-107. Filing fees required of candidates in primary; refunds.

1. Fee Schedule. - At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which the candidate files under the provisions of G.S. 163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4, 163-106.5, and 163-106.6, a filing fee for the office sought in the amount specified in the following tabulation:
2. Refund of Fees. - If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section, withdraws his notice of candidacy within the period prescribed in G.S. 163-106.4, he shall be entitled to have the fee he paid refunded. If the fee was paid to the State Board of Elections, the chairman of that board shall cause a warrant to be drawn on the Treasurer of the State for the refund payment. If the fee was paid to a county board of elections, the chairman of the Board shall certify to the county finance officer that the refund should be made, and the county finance officer shall make the refund in accordance with the provisions of the Local Government Budget and Fiscal Control Act. If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section dies prior to the date of the primary election provided by G.S. 163-1, the personal representative of the estate shall be entitled to have the fee refunded if application is made to the board of elections to which the fee was paid no later than one year after the date of death, and refund shall be made in the same manner as in withdrawal of notice of candidacy.

Office Sought Amount of Filing Fee Governor One percent (1%) of the annual salary of the office sought Lieutenant Governor One percent (1%) of the annual salary of the office sought All State executive offices One percent (1%) of the annual salary of the office sought All Justices, Judges, and District Attorneys of the General Court of Justice One percent (1%) of the annual salary of the office sought United States Senator One percent (1%) of the annual salary of the office sought Members of the United States House of Representatives One percent (1%) of the annual salary of the office sought State Senator One percent (1%) of the annual salary of the office sought Member of the State House of Representatives One percent (1%) of the annual salary of the office sought All county offices not compensated by fees One percent (1%) of the annual salary of the office sought All county offices compensated partly by salary and partly by fees One percent (1%) of the first annual salary to be received (exclusive of fees)

The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year.

If any person files a notice of candidacy and pays a filing fee to a board of elections other than that with which he is required to file under the provisions of G.S. 163-106.4, he shall be entitled to have the fee refunded in the manner prescribed in this subsection if he requests the refund before the date on which the right to file for that office expires under the provisions of G.S. 163-106.4.

History

(1915, c. 101, s. 4; 1917, c. 218; 1919, cc. 50, 139; C.S., ss. 6023, 6024; 1927, c. 260, s. 20; 1933, c. 165, s. 12; 1939, c. 264, s. 2; 1959, c. 1203, s. 5; 1967, c. 775, s. 1; 1969, c. 44, s. 84; 1973, c. 47, s. 2; c. 793, s. 37; 1977, c. 265, s. 6; 1983, c. 913, s. 56; 1995, c. 464, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 9; 2001-403, s. 4; 2002-158, s. 10; 2005-428, s. 8; 2016-125, 4th Ex. Sess., s. 21(b); 2017-3, s. 6; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification to Former G.S. 163-120. - Mecklenburg: 1937, c. 382; Sampson: 1941, c. 111.

Cross References. - For section providing for filing of a petition in lieu of payment of filing fee, see G.S. 163-107.1.

Editor's Note. - This section was recodified as now former G.S. 163A-979 by Session Laws 2017-6, s. 3. Former G.S. 163A-979 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1995, c. 464, which amended this section, in s. 2 provides for the refund of the filing fee of a candidate who died before the primary in 1994 if application is made before January 1, 1996.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsection (a) by Session Laws 2016-125, 4th Ex. Sess., s. 21(b), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2016-125, s. 25, 4th Ex Sess., is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2016-125, 4th Ex. Sess., s. 21(b), effective January 1, 2018, in subsection (a), in the introductory language, substituted "the candidate" for "he" and "sought" for "he seeks," and in the fourth entry in the first column of the table inserted "Justices of the Supreme Court, Judges of the Court of Appeals, and." For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 6, effective with respect to primaries and elections held on or after January 1, 2018, substituted "Justices, Judges, and" for "Justices of the Supreme Court, Judges of the Court of Appeals, and" in the table in subsection (a).

Legal Periodicals. - For comment on the deductibility of campaign expenses, see 43 N.C.L. Rev. 1004 (1965).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-107.1. Petition in lieu of payment of filing fee.

1. Any qualified voter who seeks nomination in the party primary of the political party with which he affiliates may, in lieu of payment of any filing fee required for the office he seeks, file a written petition requesting him to be a candidate for a specified office with the appropriate board of elections, State, county or municipal.
2. If the candidate is seeking the office of United States Senator, Governor, Lieutenant Governor, any State executive officer, Justice of the Supreme Court, or Judge of the Court of Appeals, the petition must be signed by 10,000 registered voters who are members of the political party in whose primary the candidate desires to run, except that in the case of a political party as defined by G.S. 163-96(a)(2) which will be making nominations by primary election, the petition must be signed by five percent (5%) of the registered voters of the State who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 8,000 registered voters regardless of the voter's political party affiliation, whichever requirement is greater. The petition must be filed with the State Board of Elections not later than 12:00 noon on Monday preceding the filing deadline before the primary in which he seeks to run. The names on the petition shall be verified by the board of elections of the county where the signer is registered, and the petition must be presented to the county board of elections at least 15 days before the petition is due to be filed with the State Board of Elections. When a proper petition has been filed, the candidate's name shall be printed on the primary ballot.
3. County, Municipal and District Primaries. - If the candidate is seeking one of the offices set forth in G.S. 163-106.2 but which is not listed in subsection (b) of this section, or a municipal or any other office requiring a partisan primary which is not set forth in G.S. 163-106.2 or G.S. 163-106.3, the candidate shall file a written petition with the appropriate board of elections no later than 12:00 noon on Monday preceding the filing deadline before the primary. The petition shall be signed by five percent (5%) of the registered voters of the election area in which the office will be voted for, who are affiliated with the same political party in whose primary the candidate desires to run, or in the alternative, the petition shall be signed by no less than 200 registered voters regardless of said voter's political party affiliation, whichever requirement is greater. The board of elections shall verify the names on the petition, and if the petition is found to be sufficient, the candidate's name shall be printed on the appropriate primary ballot. Petitions for candidates for member of the U.S. House of Representatives, District Attorney, judge of the superior court, judge of the district court, and members of the State House of Representatives from multi-county districts or members of the State Senate from multi-county districts must be presented to the county board of elections for verification at least 15 days before the petition is due to be filed with the State Board of Elections, and such petition must be filed with the State Board no later than 12:00 noon on Monday preceding the filing deadline. The State Board of Elections may adopt rules to implement this section and to provide standard petition forms.
4. Nonpartisan Primaries and Elections. - Any qualified voter who seeks to be a candidate in any nonpartisan primary or election may, in lieu of payment of the filing fee required, file a written petition signed by five percent (5%) of the registered voters in the election area in which the office will be voted for with the appropriate board of elections. Any qualified voter may sign the petition. The petition shall state the candidate's name, address and the office which he is seeking. The petition must be filed with the appropriate board of elections no later than 60 days prior to the filing deadline for the primary or election, and if found to be sufficient, the candidate's name shall be printed on the ballot.

History

(1975, c. 853; 1977, c. 386; 1985, c. 563, s. 13; 1996, 2nd Ex. Sess., c. 9, s. 12; 2001-403, s. 7; 2002-158, s. 11; 2013-381, s. 22.1; 2016-125, 4th Ex. Sess., s. 21(c); 2017-3, s. 7; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Anson County Board of Commissioners: 1991 (Reg. Sess., 1992), c. 781, s. 10 (but shall only be enforced as provided by Section 5 of the Voting Rights Act of 1965).

Editor's Note. - This section was recodified as now former G.S. 163A-980 by Session Laws 2017-6, s. 3. Former G.S. 163A-980 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 1994, Extra Session, c. 1, s. 4(a) provides that the provisions of G.S. 163-107.1 do not apply to any offices covered by c. 1 (positions as superior court judge, district court judge, and district attorney in certain Districts) in the 1994 primary.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subsection (b) by Session Laws 2016-125, 4th Ex. Sess., s. 21(c), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2016-125, s. 25, 4th Ex Sess., is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 22.1, effective January 1, 2014, substituted "five percent (5%)" for "ten percent (10%)" in subsections (b), (c), and (d); and substituted "8,000" for "10,000" in the first sentence in subsection (b).

Session Laws 2016-125, 4th Ex. Sess., s. 21(c), effective January 1, 2018, inserted "Justice of the Supreme Court, or Judge of the Court of Appeals" in the first sentence of subsection (b). For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 7, effective with respect to primaries and elections held on or after January 1, 2018, substituted "the candidate" for "he" in the first sentence; and added "judge of the superior court, judge of the district court," in the fourth sentence of subsection (c).

Legal Periodicals. - For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-108. Certification of notices of candidacy.

1. Within three days after the time for filing notices of candidacy with the State Board of Elections under the provisions of G.S. 163-106.2 has expired, the chairman or secretary of that Board shall certify to the Secretary of State the name, address, and party affiliation of each person who has filed with the State Board of Elections, indicating in each instance the office sought.
2. No later than 10 days after the time for filing notices of candidacy under the provisions of G.S. 163-106.2 has expired, the chairman of the State Board of Elections shall certify to the chairman of the county board of elections in each county in the appropriate district the names of candidates for nomination to the following offices who have filed the required notice and pledge and paid the required filing fee to the State Board of Elections, so that their names may be printed on the official county ballots: Superior court judge, district court judge, and district attorney.
3. In representative districts composed of more than one county and in multi-county senatorial districts the chairman or secretary of the county board of elections in each county shall, within three days after the time for filing notices of candidacy under the provisions of G.S. 163-106.2 has expired, certify to the State Board of Elections (i) the names of all candidates who have filed notice of candidacy in his county for member of the State Senate, or, if such is the fact, that no candidates have filed in his county for that office, and (ii) the names of all candidates who have filed notice of candidacy in his county for the office of member of the State House of Representatives or, if such is the fact, that no candidates have filed in his county for that office. The chairman of the county board of elections shall forward a copy of this report to the chairman of the board of elections of each of the other counties in the representative or senatorial district. Within 10 days after the time for filing notices of candidacy for those offices has expired the chairman or secretary of the State Board of Elections shall certify to the chairman of the county board of elections in each county of each multi-county representative or senatorial district the names of all candidates for the House of Representatives and Senate which must be printed on the county ballots.
4. Within two days after he receives each of the letters of certification from the chairman of the State Board of Elections required by subsections (b) and (c) of this section, each county elections board chairman shall acknowledge receipt by letter addressed to the chairman of the State Board of Elections.

History

(1915, c. 101, s. 8; 1917, c. 218; C.S., s. 6028; 1927, c. 260, s. 22; 1966, Ex. Sess., c. 5, s. 8; 1967, c. 775, s. 1; 1973, c. 793, s. 38; 1979, c. 797, s. 5; 1983, c. 331, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-981 by Session Laws 2017-6, s. 3. Former G.S. 163A-981 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-108.1. Nomination of members of House of Representatives.

Chapter 826, Session Laws of 1957; Chapter 484, Session Laws of 1961; Chapter 621, Session Laws of 1959; Chapter 894, Session Laws of 1945; Chapter 442, Session Laws of 1955; Chapter 103, Public-Local Laws of 1941; Chapter 439, Session Laws of 1955; Chapter 238, Session Laws of 1959; and all other special and local acts providing for the nomination of candidates for the State House of Representatives by convention in any county, are modified and amended as follows: In the several representative districts of the State containing two or more counties, each political party shall nominate candidates for membership in the State House of Representatives according to the provisions of the statewide primary law, Article 19 [Article 10], [of] this Chapter, or by district convention of the party when so provided by law. In a county assigned to a multi-county representative district, no political party shall nominate candidates for the State House of Representatives by party convention for the single county.

History

(1966, Ex. Sess., c. 5, s. 16; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-982 by Session Laws 2017-6, s. 3. Former G.S. 163A-982 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

The statewide primary law, referred to in this section, is now found in Part 1 of Article 19 of this Chapter.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-109: Repealed by Session Laws 2002-159, s. 55(j), effective January 1, 2003, and applicable to all primaries and elections held on or after that date.

§ 163-110. Candidates declared nominees without primary.

If a nominee for a single office is to be selected and only one candidate of a political party files for that office, or if nominees for two or more offices (constituting a group) are to be selected, and only the number of candidates equal to the number of the positions to be filled file for a political party for said offices, then the appropriate board of elections shall, upon the expiration of the filing period for said office, declare such persons as the nominees or nominee of that party, and the names shall not be printed on the primary ballot, but shall be printed on the general election ballot as candidate for that political party for that office. For the following offices, this declaration shall be made by the county board of elections with which the aspirant filed notice of candidacy: All county offices, State Senators in single-county senatorial districts, and members of the State House of Representatives in single-county representative districts. For all other offices, this declaration shall be made by the State Board.

History

(1915, c. 101, ss. 13, 19; 1917, c. 218; C.S., ss. 6033, 6039; 1966, Ex. Sess., c. 5, ss. 9, 11; 1967, c. 775, s. 1; 1973, c. 793, s. 42; 1975, c. 19, s. 68; 1981, c. 220, ss. 1, 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-983 by Session Laws 2017-6, s. 3. Former G.S. 163A-983 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-111. Determination of primary results; second primaries.

1. Nomination Determined by Substantial Plurality; Definition of Substantial Plurality. - Except as otherwise provided in this section, nominations in primary elections shall be determined by a substantial plurality of the votes cast. A substantial plurality within the meaning of this section shall be determined as follows:
   1. If a nominee for a single office is to be selected, and there is more than one person seeking nomination, the substantial plurality shall be ascertained by multiplying the total vote cast for all aspirants by thirty percent (30%). Any excess of the sum so ascertained shall be a substantial plurality, and the aspirant who obtains a substantial plurality shall be declared the nominee. If two candidates receive a substantial plurality, the candidate receiving the highest vote shall be declared the nominee.
   2. If nominees for two or more offices (constituting a group) are to be selected, and there are more persons seeking nomination than there are offices, the substantial plurality shall be ascertained by dividing the total vote cast for all aspirants by the number of positions to be filled, and by multiplying the result by thirty percent (30%). Any excess of the sum so ascertained shall be a substantial plurality, and the aspirants who obtain a substantial plurality shall be declared the nominees. If more candidates obtain a substantial plurality than there are positions to be filled, those having the highest vote (equal to the number of positions to be filled) shall be declared the nominees.
2. Right to Demand Second Primary. - If an insufficient number of aspirants receive a substantial plurality of the votes cast for a given office or group of offices in a primary, a second primary, subject to the conditions specified in this section, shall be held:
   1. If a nominee for a single office is to be selected and no aspirant receives a substantial plurality of the votes cast, the aspirant receiving the highest number of votes shall be declared nominated by the appropriate board of elections unless the aspirant receiving the second highest number of votes shall request a second primary in accordance with the provisions of subsection (c) of this section. In the second primary only the two aspirants who received the highest and next highest number of votes shall be voted for.
   2. If nominees for two or more offices (constituting a group) are to be selected and aspirants for some or all of the positions within the group do not receive a substantial plurality of the votes, those candidates equal in number to the positions remaining to be filled and having the highest number of votes shall be declared the nominees unless some one or all of the aspirants equal in number to the positions remaining to be filled and having the second highest number of votes shall request a second primary in accordance with the provisions of subsection (c) of this section. In the second primary to select nominees for the positions in the group remaining to be filled, the names of all those candidates receiving the highest number of votes and all those receiving the second highest number of votes and demanding a second primary shall be printed on the ballot.
3. Procedure for Requesting Second Primary. -
   1. A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board of Elections no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board of Elections. If the vote certification by the State Board of Elections determines that a candidate who was not originally thought to be eligible to call for a second primary is in fact eligible to call for a second primary, the Executive Director of the State Board of Elections shall immediately notify such candidate and permit the candidate to exercise any options available to the candidate within a 48-hour period following the notification:
   2. A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the offices listed below and desiring to do so, shall file a request for a second primary in writing with the chairman or director of the county board of elections no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the county board of elections:
   3. Immediately upon receipt of a request for a second primary the appropriate board of elections, State or county, shall notify all candidates entitled to participate in the second primary, by telephone followed by written notice, that a second primary has been requested and of the date of the second primary.
4. Tie Votes; How Determined. -
   1. In the event of a tie for the highest number of votes in a first primary between two candidates for party nomination for a single county, or single-county legislative district office, the board of elections of the county in which the two candidates were voted for shall conduct a recount and declare the results. If the recount shows a tie vote, a second primary shall be held on the date prescribed in subsection (e) of this section between the two candidates having an equal vote, unless one of the aspirants, within three days after the result of the recount has been officially declared, files a written notice of withdrawal with the board of elections with which he filed notice of candidacy. Should that be done, the remaining aspirant shall be declared the nominee. In the event of a tie for the highest number of votes in a first primary among more than two candidates for party nomination for one of the offices mentioned in this subdivision, no recount shall be held, but all of the tied candidates shall be entered in a second primary.
   2. In the event of a tie for the highest number of votes in a first primary between two candidates for a State office, for United States Senator, or for any district office (including State Senator in a multi-county senatorial district and member of the State House of Representatives in a multi-county representative district), no recount shall be held solely by reason of the tie, but the two candidates having an equal vote shall be entered in a second primary to be held on the date prescribed in subsection (e) of this section, unless one of the two candidates files a written notice of withdrawal with the State Board of Elections within three days after the result of the first primary has been officially declared and published. Should that be done, the remaining aspirant shall be declared the nominee. In the event of a tie for the highest number of votes in a first primary among more than two candidates for party nomination for one of the offices mentioned in this subdivision, no recount shall be held, but all of the tied candidates shall be entered in a second primary.
   3. In the event one candidate receives the highest number of votes cast in a first primary, but short of a substantial plurality, and two or more of the other candidates receive the second highest number of votes cast in an equal number, the proper board of elections shall declare the candidate having the highest vote to be the party nominee, unless all but one of the tied candidates give written notice of withdrawal to the proper board of elections within three days after the result of the first primary has been officially declared. If all but one of the tied candidates withdraw within the prescribed three-day period, and the remaining candidate demands a second primary in accordance with the provisions of subsection (c) of this section, a second primary shall be held between the candidate who received the highest vote and the remaining candidate who received the second highest vote.
5. Date of Second Primary; Procedures. - If a second primary is required under the provisions of this section, the appropriate board of elections, State or county, shall order that it be held 10 weeks after the first primary if any of the offices for which a second primary is required are for a candidate for the office of United States Senate or member of the United States House of Representatives. Otherwise, the second primary shall be held seven weeks after the first primary.
6. No Third Primary Permitted. - In no case shall there be a third primary. The candidates receiving the highest number of votes in the second primary shall be nominated. If in a second primary there is a tie for the highest number of votes between two candidates, the proper party executive committee shall select the party nominee for the office in accordance with the provisions of G.S. 163-114.

Governor,

Lieutenant Governor,

All State executive officers,

Justices, Judges, or District Attorneys of the General Court of Justice,

United States Senators,

Members of the United States House of Representatives,

State Senators in multi-county senatorial districts, and

Members of the State House of Representatives in multi-county representative districts.

State Senators in single-county senatorial districts,

Members of the State House of Representatives in single-county representative districts, and

All county officers.

There shall be no registration of voters between the dates of the first and second primaries. Persons whose qualifications to register and vote mature after the day of the first primary and before the day of the second primary may register on the day of the second primary and, when thus registered, shall be entitled to vote in the second primary. The second primary is a continuation of the first primary and any voter who files a proper and timely written affirmation of change of address within the county under the provisions of G.S. 163-82.15, in the first primary may vote in the second primary without having to refile that written affirmation if the voter is otherwise qualified to vote in the second primary. Subject to this provision for registration, the second primary shall be held under the laws, rules, and regulations provided for the first primary.

History

(1915, c. 101, s. 24; 1917, c. 179, s. 2; c. 218; C.S., s. 6045; 1927, c. 260, s. 23; 1931, c. 254, s. 17; 1959, c. 1055; 1961, c. 383; 1966, Ex. Sess., c. 5, s. 13; 1967, c. 775, s. 1; 1969, c. 44, s. 85; 1973, c. 47, s. 2; c. 793, ss. 43, 44; 1975, c. 844, s. 3; 1977, c. 265, s. 9; 1981, c. 645, ss. 1, 2; 1989, c. 549; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 10; 1999-424, s. 7(e); 2001-319, s. 11; 2001-403, s. 5; 2002-158, s. 12; 2003-278, s. 10(d); 2006-192, s. 2; 2011-182, s. 4; 2016-125, 4th Ex. Sess., s. 21(d); 2017-3, s. 8; 2017-6, s. 3; 2017-214, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Lenoir: 1989, c. 291, s. 7(a); Montgomery: 2004-59, s. 11 (effective January 1, 2006); Pamlico: 1987 (Reg. Sess., 1988), c. 939, s. 5; Richmond: 1989, c. 88, s. 1.1; city of Albemarle: 1987 (Reg. Sess., 1988), c. 881, s. 5; Vance County Board of Education: 1987 (Reg. Sess., 1988), c. 974, ss. 3, 4.

Editor's Note. - This section was recodified as now former G.S. 163A-984 by Session Laws 2017-6, s. 3. Former G.S. 163A-984 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subdivision (c)(1) by Session Laws 2016-125, 4th Ex. Sess., s. 21(d), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2016-125, s. 25, 4th Ex Sess., is a severability clause.

Session Laws 2017-214, s. 5, made the amendment to subsection (a) by Session Laws 2017-214, s. 3, effective January 1, 2018, and applicable to all primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2003-278, s. 10(d), effective January 1, 2004, in the first sentence of subdivision (c)(1), deleted "or by telegram" following "request for a second primary in writing," and substituted "ninth day" for "seventh day"; and in subdivision (c)(2), deleted "or by telegram" following "request for a second primary in writing," and substituted "ninth day" for "seventh day."

Session Laws 2006-192, s. 2, effective January 1, 2007, and applicable to all primaries and elections conducted on or after January 1, 2007, in subsection (e), substituted "seven" for "four" in the first paragraph, and, in the second paragraph, substituted "written affirmation" for "affidavit", substituted "change of address within the county" for "transfer of precinct,", substituted "in" for "before", and substituted "that written affirmation" for "the affidavit of transfer".

Session Laws 2011-182, s. 4, effective January 1, 2012, in subsection (e), in the first paragraph, in the second sentence, substituted "shall order that it be held 10 weeks after the first primary if any of the offices for which a second primary is required are for a candidate for the office of United States Senate or member of the United States House of Representatives" for "shall order that it be held seven weeks after the first primary," and added the last sentence, and in the last paragraph, substituted "the voter" for "he" in the second sentence.

Session Laws 2016-125, 4th Ex. Sess., s. 21(d), effective January 1, 2018, in subdivision (c)(1), substituted "the candidate" for "him" twice in the last sentence of the introductory language, and added "Justices of the Supreme Court, Judges of the Court of Appeals, or" in the fourth candidate listed following the introductory language. For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 8, effective with respect to primaries and elections held on or after January 1, 2018, substituted "Justices, Judges, or District Attorneys of the General Court of Justice," for "Justices of the Supreme Court, Judges of the Court of Appeals, or District Attorneys of the General Court of Justice" in the list following the introductory language in subdivision (c)(1).

Session Laws 2017-214, s. 3, substituted "thirty percent (30%)" for "forty percent (40%)" in subdivisions (a)(1) and (a)(2). For effective date and applicability, see editor's note.

Legal Periodicals. - For note, "The Primary Runoff: Racism's Reprieve?," see 65 N.C.L. Rev. 359 (1987).

For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-112. Death of candidate before primary; vacancy in single office.

1. Death of One of Two Candidates within 30 Days after the Filing Period Closes. - If at the time the filing period closes, only two persons have filed notice of candidacy for nomination by a political party to a single office, and one of the candidates dies within 30 days after the filing period closes, then the proper board of elections shall, upon notice of the death, reopen the filing period for that party contest, for an additional three days. Should no candidate file during the three days, the board of elections shall certify the remaining candidate as the nominee of his party as provided in G.S. 163-110.
2. Death of One of More Than Two Candidates within 30 Days after the Filing Period Closes. - If at the close of the filing period more than two candidates have filed for a single-seat office, and within 30 days after the filing period closes the board of elections receives notice of a candidate's death, the board shall immediately open the filing period for that party contest, for three additional days in order for candidates to file for that office. The name of the deceased candidate shall not be printed on the ballot.
3. Vacancy in Group Offices within 30 Days after the Filing Period Closes. - If at the time the filing period closes more persons have filed notice of candidacy for nomination by a political party to an office constituting a group than there are positions to be filled, and a candidate or candidates die within 30 days after the filing period closes, and there remains only the number of candidates equal to or fewer than the number of positions to be filled, the appropriate board of elections shall reopen the filing period for that party contest, for three days for that office. Should no persons file during the three-day period, then those candidates already filed shall be certified as the party nominees for that office.
4. Vacancy in Group Offices More Than 30 Days after the Filing Period Closes. - In the event a candidate or candidates death occurs more than 30 days after the original filing period closes for an office constituting a group, then regardless of the number of candidates filed for nomination, the board of elections shall be governed as follows:
   1. If the ballots have not been printed at the time the board of elections receives notice of the death, the deceased candidate's name shall not be printed on the ballot.
   2. If the ballots have been printed at the time the board of elections receives notice of the death, the ballots shall not be reprinted but votes cast for the deceased candidate shall not be counted for any purpose.
   3. In the event the death of a candidate or candidates results in the number of candidates being equal to or less than the number of positions to be filled for that office, then the remaining candidates shall be certified as the party nominees for that office and no primary shall be held for that office.
   4. If death or disqualification of candidates results in the number of candidates being less than the number of positions to be filled for that office, then the appropriate party executive committee shall, in accordance with G.S. 163-114, make nominations of persons equal to the number of positions to be filled and no primary shall be held and those names shall be printed on the general election ballot.

In the event a candidate's death occurs more than 30 days after the closing of the original filing period, the names of the remaining candidates shall be printed on the ballot. If the ballots have been printed at the time death occurs, the ballots shall not be reprinted and any votes cast for a deceased candidate shall not be counted or considered for any purpose. In the event the death of a candidate or candidates leaves only one candidate, then such candidate shall be certified as the party's nominee for that office.

History

(1959, c. 1054; 1967, c. 775, s. 1; 1981, c. 434; 1991, Ex. Sess., c. 1; 1993, c. 553, s. 60; 2001-466, s. 1(f); 2003-278, s. 4; 2003-434, Ex. Sess., s. 5(e); 2004-127, s. 13; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Anson County Board of Commissioners: 1991 (Reg. Sess., 1992), c. 781, s. 6 (but shall only be enforced as provided by Section 5 of the Voting Rights Act of 1965).

Editor's Note. - This section was recodified as now former G.S. 163A-985 by Session Laws 2017-6, s. 3. Former G.S. 163A-985 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-113. Nominee's right to withdraw as candidate.

A person who has been declared the nominee of a political party for a specified office under the provisions of G.S. 163-182.15 or G.S. 163-110, shall not be permitted to resign as a candidate unless, prior to the first day on which military and overseas absentee ballots are transmitted to voters under Article 21A of this Chapter, that [the] person submits to the board of elections which certified the nomination a written request that person be permitted to withdraw.

History

(1929, c. 164, s. 8; 1967, c. 775, s. 1; 2001-398, s. 6; 2013-381, s. 23.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-986 by Session Laws 2017-6, s. 3. Former G.S. 163A-986 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

The bracketed word "[the]" has been inserted in this section at the direction of the Revisor of Statutes.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 23.1, effective January 1, 2014, substituted "prior to the first day on which military and overseas abentee ballots are transmitted to voters under Article 21A of this Chapter, that person" for "at least 30 days before the general election, he," "the" for "his" preceding "nomination," and "person" for "he" preceding "be permitted."

§ 163-114. Filling vacancies among party nominees occurring after nomination and before election.

1. If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
2. In a county which is partly in a multicounty judicial district, in choosing that county's member or members of the judicial district executive committee for the multicounty district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multicounty district may vote.
3. In a county not all of which is located in one congressional district, in choosing the congressional district executive committee member or members from that area of the county, only the county convention delegates or county executive committee members who reside within the area of the county which is within the congressional district may vote.
4. In a county which is partly in a multi-county senatorial district or which is partly in a multi-county House of Representatives district, in choosing that county's member or members of the senatorial district executive committee or House of Representatives district executive committee for the multi-county district, only the county convention delegates or county executive committee members who reside within the area of the county which is within that multi-county district may vote.
5. An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to be nominated to fill a vacancy in the nomination of another party for the same office in the same year.

Position President Vacancy is to be filled by Vice President appointment of national executive committee of political party in which vacancy occurs Presidential elector or Vacancy is to be filled by ap- alternate elector pointment of State execu- Any elective State office tive committee of political United States Senator party in which vacancy occurs A district office, including: Appropriate district executive Member of the United committee of political States House of Repre- party in which vacancy occurs sentatives Judge of district court District Attorney State Senator in a multi-county senatorial district Member of State House of Representatives in a multi-county representative district State Senator in a single- County executive committee county senatorial district of political party in which Member of State House of vacancy occurs, provided, in Representatives in a the case of the State Senator single-county represen- or State Representative in a tative district single-county district where Any elective county office not all the county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote Judge of superior court in a County executive committee of single-county judicial political party in which vacancy district where the district is occurs; provided, in the case of a the whole county or part of the superior court judge in a single- county county district where not all the county is located in that district, then in voting, only those members of the county executive committee who reside within the district shall vote Judge of superior court in a Appropriate district executive multicounty judicial committee of political party in district which vacancy occurs.

The party executive making a nomination in accordance with the provisions of this section shall certify the name of its nominee to the chairman of the board of elections, State or county, that has jurisdiction over the ballot item under G.S. 163-182.4. If at the time a nomination is made under this section the general election ballots have already been printed, the provisions of G.S. 163-165.3(c) shall apply. If a vacancy occurs in a nomination of a political party and that vacancy arises from a cause other than death and the vacancy in nomination occurs more than 120 days before the general election, the vacancy in nomination may be filled under this section only if the appropriate executive committee certifies the name of the nominee in accordance with this paragraph at least 75 days before the general election.

History

(1929, c. 164, s. 19; 1967, c. 775, s. 1; 1973, c. 793, s. 45; 1981 (Reg. Sess., 1982), c. 1265, ss. 4, 5; 1987, c. 509, s. 10; c. 526; c. 738, s. 124; 1987 (Reg. Sess., 1988), c. 1037, s. 126.1; 1991, c. 727, s. 8; 1996, 2nd Ex. Sess., c. 9, s. 13; 2001-353, s. 1; 2001-403, s. 8; 2001-460, s. 4; 2003-142, s. 1; 2006-234, s. 6; 2017-3, s. 9; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-987 by Session Laws 2017-6, s. 3. Former G.S. 163A-987 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-234, s. 6, effective January 1, 2007, and applicable to all primaries and elections held on or after January 1, 2007, added the last undesignated paragraph.

Session Laws 2017-3, s. 9, effective with respect to primaries and elections held on or after January 1, 2018, in the table in subsection (a), inserted "Judge of district court" under "A district office, including:"; and added entries "Judge of superior court in a single-county judicial district where the district is the whole county or part of the county" and "Judge of superior court in a multicounty judicial district" and added subsection (b).

§ 163-115. Special provisions for obtaining nominations when vacancies occur in certain offices.

1. If a vacancy occurs in the office of the clerk of superior court, otherwise than by expiration of the term, or if the people fail to elect, the vacancy shall be filled as provided in Sec. 9(3) of Article IV of the North Carolina Constitution. If the vacancy occurs after the time for filing notice of candidacy in the primary has expired in a year when a regular election is not being held to elect a clerk of the superior court by expiration of term, then the county executive committee of each political party shall nominate a candidate whose name shall appear on the general election ballot. The candidate elected in the general election shall serve the unexpired portion of the term of the person causing the vacancy.
2. In the event a special election is called to fill a vacancy in the State's delegation in the United States House of Representatives, the provisions of G.S. 163-13 shall apply.
3. If a vacancy occurs in an elective State or district office (other than member of the United States House of Representatives) during the period opening 10 days before the filing period for the office ends and closing 30 days before the ensuing general election, a nomination shall be made by the proper executive committee of each political party as provided in G.S. 163-114, and the names of the nominees shall be printed on the general election ballots.
4. If a vacancy occurs on a county board of commissioners and G.S. 153A-27 or G.S. 153A-27.1 requires that a person shall be elected to the seat vacated for the remainder of the unexpired term, and the vacancy occurs:
   1. Beginning on the tenth day before the filing period ends under G.S. 163-106.2, a nomination shall be made by the county executive committee of each political party and the names of the nominees shall be printed on the general election ballots.
   2. Prior to the tenth day before the filing period ends under G.S. 163-106.2, nominations shall be made by primary election as provided by this Article.
5. If a vacancy occurs in the office of United States Senator, and the vacancy occurs:
   1. Beginning on the tenth day before the filing period ends under G.S. 163-106.2, a nomination shall be made by the State executive committee of each political party and the names of the nominees shall be printed on the general election ballots.
   2. Prior to the tenth day before the filing period ends under G.S. 163-106.2, nominations shall be made by primary election as provided by this Article.

History

(1915, c. 101, s. 33; 1917, c. 179, s. 3; c. 218; C.S., s. 6053; 1923, c. 111, s. 16; 1955, c. 574; 1957, c. 1242; 1966, Ex. Sess., c. 5, s. 14; 1967, c. 775, s. 1; 1973, c. 793, s. 46; 1985, c. 563, ss. 7, 7.1; c. 759, s. 1; 1997-456, s. 27; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-988 by Session Laws 2017-6, s. 3. Former G.S. 163A-988 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

The undesignated paragraphs of this section were renumbered as subsections (a) through (e) pursuant to Session Laws 1997-456, s. 27 which authorized the Revisor of Statutes to renumber or reletter sections and parts of sections having a number or letter designation that is incompatible with the General Assembly's computer database.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§§ 163-116 through 163-118: Repealed by Session Laws 1973, c. 793, ss. 47-49.

§ 163-119. Voting by unaffiliated voter in party primary.

If a political party has, by action of its State Executive Committee reported to the State Board of Elections by resolution delivered no later than the first day of December preceding a primary, provided that unaffiliated voters may vote in the primary of that party, an unaffiliated voter may vote in the primary of that party by announcing that intention under G.S. 163-166.7(a). For a party to withdraw its permission, it must do so by action of its State Executive Committee, similarly reported to the State Board of Elections no later than the first day of December preceding the primary where the withdrawal is to become effective.

History

(1993 (Reg. Sess., 1994), c. 762, s. 7; 2002-159, s. 21(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-989 by Session Laws 2017-6, s. 3. Former G.S. 163A-989 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 7 was codified as this section at the direction of the Revisor of Statutes.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-122. Unaffiliated candidates nominated by petition.

1. Procedure for Having Name Printed on Ballot as Unaffiliated Candidate. - Any qualified voter who seeks to have the voter's name printed on the general election ballot as an unaffiliated candidate shall:
   1. If the office is a statewide office, file written petitions with the State Board of Elections supporting the voter's candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the day of the primary election and must be signed by qualified voters of the State equal in number to one and a half percent (1.5%) of the total number of voters who voted in the most recent general election for Governor. Also, the petition must be signed by at least 200 registered voters from each of three congressional districts in North Carolina. The petitions shall be divided into sections based on the county in which the signatures were obtained. Provided the petitions are timely filed, the State Board of Elections shall require the filed petition be verified no later than 15 business days after canvass of the primary in one of the following ways:
      1. The Executive Director shall examine the names on the petition and place a check mark on the petition by the name of each signer who is qualified and registered to vote in the designated county and shall attach to the petition a signed certificate. Said certificates shall state that the signatures on the petition have been checked against the registration records and shall indicate the number of signers to be qualified and registered to vote in each county.
      2. The chair shall examine the names on the petition and place a check mark on the petition by the name of each signer who is qualified and registered to vote in the chair's county and shall attach to the petition the chair's signed certificate. Said certificates shall state that the signatures on the petition have been checked against the registration records and shall indicate the number of signers to be qualified and registered to vote in the chair's county. The chair shall return the petition and certificate to the State Board.
   2. Except as provided in this subsection, if the office is a district office under the jurisdiction of the State Board of Elections under G.S. 163-182.4(b), file written petitions with the State Board of Elections supporting that voter's candidacy for a specified office. For district offices other than General Assembly seats, petitions must be filed with the State Board of Elections on or before 12:00 noon on the day of the primary election and must be signed by qualified voters of the district equal in number to one and a half percent (1.5%) of the total number of registered voters in the district as reflected by the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held. For General Assembly seats in which the district lies in more than one county, petitions must be filed with the State Board of Elections on or before 12:00 noon on the day of the primary election and must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of registered voters in the district as reflected by the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held. The petitions shall be divided into sections based on the county in which the signatures were obtained. The petitions shall be verified as specified in subdivision (1) of this subsection.
   3. If the office is a county office or a single county legislative district, file written petitions with the chair or director of the county board of elections supporting the voter's candidacy for a specified county office. These petitions must be filed with the county board of elections on or before 12:00 noon on the day of the primary election and must be signed by qualified voters of the county equal in number to four percent (4%) of the total number of registered voters in the county as reflected by the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held, except if the office is for a district consisting of less than the entire county and only the voters in that district vote for that office, the petitions must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of voters in the district according to the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held. Each petition shall be presented to the chair or director of the county board of elections. The chair or director of the county board of elections shall verify the filed petition no later than 15 business days after canvass as provided in sub-subdivision b. of subdivision (1) of this subsection, and shall return a copy of each petition, together with a copy of the certificate required in this section, to the person who presented it to the county board of elections.
   4. If the office is a partisan municipal office, file written petitions with the chair or director of the county board of elections in the county wherein the municipality is located supporting the voter's candidacy for a specified municipal office. These petitions must be filed with the county board of elections on or before the time and date specified in G.S. 163-296 and must be signed by the number of qualified voters specified in G.S. 163-296. The chair or director of the county board of elections shall verify the filed petition no later than 15 business days after canvass as provided in sub-subdivision b. of subdivision (1) of this subsection, and shall return a copy of each petition, together with a copy of the certificate required in this section, to the person who presented it to the county board of elections.
   5. If the office is a superior court judge or a district court judge, regardless of whether the district lies entirely in one county or in more than one county, file written petitions with the State Board of Elections supporting that voter's candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the day of the primary election and must be signed by qualified voters of the district equal in number to two percent (2%) of the total number of registered voters in the district as reflected by the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held. The petitions shall be divided into sections based on the county in which the signatures were obtained. The petitions shall be verified as specified in subdivision (1) of this subsection.
2. An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have that individual's name placed on the general election ballot as an unaffiliated candidate for the same office in that year.
3. Form of Petition. - Petitions requesting an unaffiliated candidate to be placed on the general election ballot shall contain on the heading of each page of the petition in bold print or in all capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN __________________ COUNTY HEREBY PETITION ON BEHALF OF __________________ AS AN UNAFFILIATED CANDIDATE FOR THE OFFICE OF __________________ IN THE NEXT GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT SUBJECT CANDIDATE BE PLACED ON THE APPROPRIATE BALLOT UPON COMPLIANCE WITH THE PROVISIONS CONTAINED IN G.S. 163-122."
4. When any person files a petition with a board of elections under this section, the board of elections shall, immediately upon receipt of the petition, inspect the registration records of the county and cancel the petition of any person who does not meet the constitutional or statutory qualifications for the office, including residency.
5. Any candidate seeking to have that candidate's name printed on the general election ballot under this section shall pay a filing fee equal to that provided for candidates for the office in G.S. 163-107 or comply with the alternative available to candidates for the office in G.S. 163-107.1.

The State Board shall return a copy of each petition, together with a copy of the certificate required in this section, to the person who presented it to the State Board.

Upon compliance with the provisions of subdivisions (1), (2), (3), (4), or (5) of this subsection, the board of elections with which the petitions have been timely filed shall cause the unaffiliated candidate's name to be printed on the general election ballots in accordance with Article 14A of this Chapter.

The board shall give notice of cancellation to any person whose petition has been cancelled under this subsection by mail or by having the notice served on that person by the sheriff and to any other candidate filing for the same office. A person whose petition has been cancelled or another candidate for the same office affected by a substantiation under this subsection may request a hearing on the issue of constitutional or statutory qualifications for the office. If the person requests a hearing, the hearing shall be conducted in accordance with Article 11B of this Chapter.

History

(1929, c. 164, s. 6; 1931, c. 223; 1935, c. 236; 1967, c. 775, s. 1; 1973, c. 793, s. 50; 1977, c. 408, s. 3; 1979, c. 23, ss. 1, 3; c. 534, s. 2; 1981, c. 637; 1991, c. 297, s. 1; 1995, c. 243, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 14; 1999-424, s. 5(b); 2002-159, s. 21(b); 2004-127, s. 8(a); 2006-155, s. 3; 2006-234, ss. 4, 5; 2007-391, s. 8(a); 2007-484, s. 21; 2008-187, s. 33(a); 2017-3, s. 10; 2017-6, s. 3; 2017-214, s. 2(a); 2018-146, s. 3.1(a), (b).)

Local Modification. - Avery: 1997-99; city of Lincolnton: 2017-62, ss. 1, 2; city of Winston-Salem: 2017-72, s. 1; Anson County Board of Commissioners: 1991 (Reg. Sess., 1992), c. 781, s. 6 (but shall only be enforced as provided by Section 5 of the Voting Rights Act of 1965).

Editor's Note. - This section was recodified as now former G.S. 163A-1005 by Session Laws 2017-6, s. 3. Former G.S. 163A-1005 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1996, Second Extra Session, c. 9, s. 23, provides: "Part 1 of this act becomes effective only if Parts 1 and 2 of this act are both effective under section 5 of the Voting Rights Act of 1965." Preclearance was received from the U.S. Department of Justice by letter dated October 1, 1996.

Subsection (e) was enacted as subsection (d) by Session Laws 2006-234, s. 5. It has been redesignated at the direction of the Revisor of Statutes.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 8(a), which substituted "Article 14A of this Chapter" for "G.S. 163-140" at the end of the next to last paragraph of subsection (a), is effective August 19, 2007.

Session Laws 2017-214, s. 5, made the amendment to subsection (a) by Session Laws 2017-214, s. 2(a), effective January 1, 2018, and applicable to all primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-155, s. 3, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, added subsection (d).

Session Laws 2006-234, ss. 4 and 5, effective January 1, 2007, and applicable to all primaries and elections held on or after January 1, 2007, in subdivision (a)(1), substituted "voters who voted in the most recent general election for Governor" for "registered voters in the State as reflected by the voter registration records of the State Board of Elections as of January 1 of the year in which the general election is to be held" at the end of the second sentence and added the third sentence; and added the subsection designated herein as subsection (e).

Session Laws 2007-391, s. 8(a), effective August 19, 2007, in subdivision (a)(2), substituted "under the jurisdiction of the State Board of Elections under G.S. 163-182.4(b)" for "comprised of two or more counties" and "that voter's" for "his" in the first sentence of subdivision (a)(2).

Session Laws 2007-484, s. 21, effective August 30, 2007, substituted "Article 14A of this Chapter" for "G.S. 163-140" at the end of the next to last paragraph of subsection (a).

Session Laws 2017-3, s. 10, effective with respect to primaries and elections held on or after January 1, 2018, rewrote this section.

Session Laws 2017-214, s. 2(a), in subdivision (a)(1), substituted "day of the primary election" for "second Wednesday prior to the primary election" and substituted "one-quarter of one percent (0.25%)" for "two percent (2%)" in the second sentence, and substituted "three congressional districts" for "four congressional districts" in the third sentence; in subdivision (a)(2), rewrote the second sentence and added the third sentence; in subdivision (a)(3), substituted "day of the primary election" for "second Wednesday prior to the primary election" in the second sentence, and substituted "chair or director" for "chairman or director" in the third sentence; and in subdivision (a)(5), substituted "day of the primary election" for "second Wednesday prior to the primary election" in the second sentence. For effective date and applicability, see editor's note.

§ 163-123. Declaration of intent and petitions for write-in candidates in partisan elections.

1. Procedure for Qualifying as a Write-In Candidate. - Any qualified voter who seeks to have write-in votes for him counted in a general election shall file a declaration of intent in accordance with subsection (b) of this section and petition(s) in accordance with subsection (c) of this section.
2. Declaration of Intent. - The applicant for write-in candidacy shall file his declaration of intent at the same time and with the same board of elections as his petition, as set out in subsection (c) of this section. The declaration shall contain:
   1. Applicant's name,
   2. Applicant's residential address,
   3. Declaration of applicant's intent to be a write-in candidate,
   4. Title of the office sought,
   5. Date of the election,
   6. Date of the declaration,
   7. Applicant's signature.
3. Petitions for Write-in Candidacy. - An applicant for write-in candidacy shall:
   1. If the office is a statewide office, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions shall be filed on or before noon on the 90th day before the general election. They shall be signed by 500 qualified voters of the State. No later than 5:00 p.m. on the fifteenth day preceding the date the petitions are due to be filed with the State Board of Elections, each petition shall be presented to the board of elections of the county in which the signatures were obtained. A petition presented to a county board of elections shall contain only names of voters registered in that county. Provided the petitions are timely submitted, the chairman of the county board of elections shall examine the names on the petition and place a check mark by the name of each signer who is qualified and registered to vote in his county. The chairman of the county board shall attach to the petition his signed certificate. On his certificate the chairman shall state that the signatures on the petition have been checked against the registration records and shall indicate the number of signers who are qualified and registered to vote in his county and eligible to vote for that office. The chairman shall return each petition, together with the certificate required in this section, to the person who presented it to him for checking. The chairman of the county board shall complete the verification within two weeks from the date the petition is presented.
   2. If the office is a district office under the jurisdiction of the State Board of Elections under G.S. 163-182.4(b), file written petitions with the State Board of Elections supporting that applicant's candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before noon on the 90th day before the general election and must be signed by 250 qualified voters. Before being filed with the State Board of Elections, each petition shall be presented to the board of elections of the county in which the signatures were obtained. A petition presented to a county board of elections shall contain only names of voters registered in that county who are eligible to vote for that office. The chairman of the county board shall examine the names on the petition and the procedure for certification shall be the same as specified in subdivision (1).
   3. If the office is a county office, or is a school administrative unit office elected on a partisan basis, or is a legislative district consisting of a single county or a portion of a county, file written petitions with the county board of elections supporting his candidacy for a specified office. A petition presented to a county board of elections shall contain only names of voters registered in that county. These petitions must be filed on or before noon on the 90th day before the general election and must be signed by 100 qualified voters who are eligible to vote for the office, unless fewer than 5,000 persons are eligible to vote for the office as shown by the most recent records of the appropriate board of elections. If fewer than 5,000 persons are eligible to vote for the office, an applicant's petition must be signed by not less than one percent (1%) of those registered voters. Before being filed with the county board of elections, each petition shall be presented to the county board of elections for examination. The chairman of the county board of elections shall examine the names on the petition and the procedure for certification shall be the same as specified in subdivision (1).
4. Form of Petition. - Petitions requesting the qualification of a write-in candidate in a general election shall contain on the heading of each page of the petition in bold print or in capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN __________________ COUNTY HEREBY PETITION ON BEHALF OF ________________________________________ AS A WRITE-IN CANDIDATE IN THE NEXT GENERAL ELECTION. THE UNDERSIGNED HEREBY PETITION THAT SUBJECT CANDIDATE BE PLACED ON THE LIST OF QUALIFIED WRITE-IN CANDIDATES WHOSE VOTES ARE TO BE COUNTED AND RECORDED IN ACCORDANCE WITH G.S. 163-123."
5. Defeated Primary Candidate. - No person whose name appeared on the ballot in a primary election preliminary to the general election shall be eligible to have votes counted for him as a write-in candidate for the same office in that year.
6. Counting and Recording of Votes. - If a qualified voter has complied with the provisions of subsections (a), (b), and (c) and is not excluded by subsection (e), the board of elections with which petition has been filed shall count votes for him according to the procedures set out in G.S. 163-182.1, and the appropriate board of elections shall record those votes on the official abstract. Write-in votes for names other than those of qualified write-in candidates shall not be counted for any purpose and shall not be recorded on the abstract.
7. When any person files a petition with a board of elections under this section, the board of elections shall, immediately upon receipt of the petition, inspect the registration records of the county and cancel the petition of any person who does not meet the constitutional or statutory qualifications for the office, including residency.
8. Municipal Elections Excluded. - This section does not apply to municipal elections conducted under Subchapter IX of this Chapter.

The board shall give notice of cancellation to any person whose petition has been cancelled under this subsection by mail or by having the notice served on that person by the sheriff. A person whose petition has been cancelled or another candidate for the same office affected by a substantiation under this subsection may request a hearing on the issue of constitutional or statutory qualifications for the office. If the person requests a hearing, the hearing shall be conducted in accordance with Article 11B of this Chapter.

History

(1987, c. 393, ss. 1; 2; 1989, c. 92, s. 1; 1999-424, s. 5(c); 2001-319, s. 9(a); 2001-398, s. 7; 2001-403, s. 12; 2002-158, s. 13; 2004-127, s. 7; 2006-155, s. 4; 2007-391, s. 8(b); 2008-187, s. 33(a); 2017-3, s. 11; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1006 by Session Laws 2017-6, s. 3. Former G.S. 163A-1006 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

This section was amended by Session Laws 2002-158, s. 13, in the coded bill drafting format provided by G.S. 120-20.1. The words "and district court judge" were part of subsection (g) as it existed prior to the 2002 amendment and were not addressed by Session Laws 2002-158, but were subsequently deleted by Session Laws 2004-127, s. 7.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 8(b), which substituted "under the jurisdiction of the State Board of Elections under G.S. 163-182.4(b)" for "comprising all or part of two or more counties" and "that applicant's" for "his" in the first sentence, is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 7, effective July 26, 2004, deleted "and district court judge" preceding "elections under" in subsection (g).

Session Laws 2006-155, s. 4, effective January 1, 2007, and applicable to actions filed on or after January 1, 2007, added subsection (f1).

Session Laws 2007-391, s. 8(b), effective August 19, 2007, in subdivision (c)(2), substituted "under the jurisdiction of the State Board of Elections under G.S. 163-182.4(b)" for "comprising all or part of two or more counties" and "that applicant's" for "his" in the first sentence.

Session Laws 2017-3, s. 11, effective with respect to primaries and elections held on or after January 1, 2018, rewrote subsection (h), which formerly read: "Municipal and Nonpartisan Elections Excluded. - This section does not apply to municipal elections conducted under Subchapter IX of Chapter 163 of the General Statutes, and does not apply to nonpartisan elections except for elections under Article 25 of this Chapter."

Legal Periodicals. - For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-124. No run for two separate offices at the same time.

1. No individual is eligible to have that individual's name on the general election ballot for two separate offices, unless one of the offices is for the remainder of the unexpired term for an office that requires an election to fill the unexpired portion of the term.
2. This section shall apply to any individual nominated under Article 9 of this Chapter, filing under G.S. 163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4, 163-106.5, and 163-106.6, or filing a petition under this Article.

History

(2011-214, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1007 by Session Laws 2017-6, s. 3. Former G.S. 163A-1007 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§§ 163-125 through 163-127: Repealed by Session Laws 1995, c. 379, s. 18.

Editor's Note. - Former G.S. 163-126, 163-127 had been reserved for future codification purposes.

§ 163-127.1. Definitions.

As used in this Article, the following terms mean:

1. Board. - State Board of Elections.
2. Candidate. - A person having filed a notice of candidacy under the appropriate statute for any elective office in this State.
3. Challenger. - Any qualified voter registered in the same district as the office for which the candidate has filed or petitioned.
4. Office. - The elected office for which the candidate has filed or petitioned.

History

(2006-155, s. 1; 2006-259, s. 48(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1025 by Session Laws 2017-6, s. 3. Former G.S. 163A-1025 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2006-155, s. 7, is a severability clause.

Session Laws 2006-155, s. 8, made this Article effective January 1, 2007, and applicable to actions filed on or after January 1, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-259, s. 48(a), effective January 1, 2007, substituted "the appropriate statute for any elective office in this State" for "Article 10 of Chapter 163 of the General Statutes or having filed a petition under Article 11 of Chapter 163 of the General Statutes" at the end of subdivision (2).

§ 163-127.2. When and how a challenge to a candidate may be made.

1. When. - A challenge to a candidate may be filed under this Article with the board of elections receiving the notice of the candidacy or petition no later than 10 business days after the close of the filing period for notice of candidacy or petition.
2. How. - The challenge must be made in a verified affidavit by a challenger, based on reasonable suspicion or belief of the facts stated. Grounds for filing a challenge are that the candidate does not meet the constitutional or statutory qualifications for the office, including residency.
3. If Defect Discovered After Deadline, Protest Available. - If a challenger discovers one or more grounds for challenging a candidate after the deadline in subsection (a) of this section, the grounds may be the basis for a protest under G.S. 163-182.9.

History

(2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1026 by Session Laws 2017-6, s. 3. Former G.S. 163A-1026 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-127.3. Panel to conduct the hearing on a challenge.

Upon filing of a challenge, a panel shall hear the challenge, as follows:

1. Single county. - If the district for the office subject to the challenge covers territory in all or part of only one county, the panel shall be the county board of elections of that county.
2. Multicounty but less than entire State. - If the district for the office subject to the challenge contains territory in more than one county but is less than the entire State, the State Board shall appoint a panel within two business days after the challenge is filed. The panel shall consist of at least one member of the county board of elections in each county in the district of the office. The panel shall have an odd number of members, no fewer than three and no more than five. In appointing members to the panel, the State Board shall appoint members from each county in proportion to the relative total number of registered voters of the counties in the district for the office. If the district for the office subject to the challenge covers more than five counties, the panel shall consist of five members with at least one member from the county receiving the notice of candidacy or petition and at least one member from the county of residency of the challenger. The State Board shall, to the extent possible, appoint members affiliated with different political parties in proportion to the representation of those parties on the county boards of elections in the district for the office. The State Board shall designate a chair for the panel. A meeting of the State Board to appoint a panel under this subdivision shall be treated as an emergency meeting for purposes of G.S. 143-318.12.
3. Entire State. - If the district for the office subject to the challenge consists of the entire State, the panel shall be the State Board.

History

(2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1027 by Session Laws 2017-6, s. 3. Former G.S. 163A-1027 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

This section, as enacted, contained a subsection (a) but no subsection (b). The subsection (a) designation has been removed at the direction of the Revisor of Statutes.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-127.4. Conduct of hearing by panel.

1. The panel conducting a hearing under this Article shall do all of the following:
   1. Within five business days after the challenge is filed, designate and announce the time of the hearing and the facility where the hearing will be held. The hearing shall be held at a location in the district reasonably convenient to the public, and shall preferably be held in the county receiving the notice of the candidacy or petition. If the district for the office covers only part of a county, the hearing shall be at a location in the county convenient to residents of the district, but need not be in the district.
   2. Allow for depositions prior to the hearing, if requested by the challenger or candidate before the time of the hearing is designated and announced.
   3. Issue subpoenas for witnesses or documents, or both, upon request of the parties or upon its own motion.
   4. Render a written decision within 20 business days after the challenge is filed and serve that written decision on the parties.
2. Notice of Hearing. - The panel shall give notice of the hearing to the challenger, to the candidate, other candidates filing or petitioning to be elected to the same office, to the county chair of each political party in every county in the district for the office, and to those persons who have requested to be notified. Each person given notice shall also be given a copy of the challenge or a summary of its allegations.
3. Conduct of Hearing. - The hearing under this Article shall be conducted as follows:
   1. The panel may allow evidence to be presented at the hearing in the form of affidavits supporting documents, or it may examine witnesses. The chair or any two members of the panel may subpoena witnesses or documents. The parties shall be allowed to issue subpoenas for witnesses or documents, or both, including a subpoena of the candidate. Each witness must be placed under oath before testifying. The State Board shall provide the wording of the oath to the panel.
   2. The panel may receive evidence at the hearing from any person with information concerning the subject of the challenge, and such presentation of evidence shall be subject to Chapter 8C of the General Statutes. The challenger shall be permitted to present evidence at the hearing, but the challenger shall not be required to testify unless subpoenaed by a party. The panel may allow evidence to be presented by a person who is present.
   3. The hearing shall be recorded by a reporter or by mechanical means, and the full record of the hearing shall be preserved by the panel until directed otherwise by the State Board.
4. Findings of Fact and Conclusions of Law by Panel. - The panel shall make a written decision on each challenge by separately stating findings of facts, conclusions of law, and an order.
5. Rules by State Board. - The State Board shall adopt rules providing for adequate notice to parties, scheduling of hearings, and the timing of deliberations and issuance of decisions.

Failure to comply with the notice requirements in this subsection shall not delay the holding of a hearing nor invalidate the results if the individuals required by this section to be notified have been notified.

History

(2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1028 by Session Laws 2017-6, s. 3. Former G.S. 163A-1028 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-127.5. Burden of proof.

1. The burden of proof shall be upon the candidate, who must show by a preponderance of the evidence of the record as a whole that he or she is qualified to be a candidate for the office.
2. If the challenge is based upon a question of residency, the candidate must show all of the following:
   1. An actual abandonment of the first domicile, coupled with an intent not to return to the first domicile.
   2. The acquisition of a new domicile by actual residence at another place.
   3. The intent of making the newer domicile a permanent domicile.

History

(2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1029 by Session Laws 2017-6, s. 3. Former G.S. 163A-1029 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-127.6. Appeals.

1. Appeals from Single or Multicounty Panel. - The decision of a panel created under G.S. 163-127.3(1) or G.S. 163-127.3(2) may be appealed as of right to the State Board by any of the following:
   1. The challenger.
   2. A candidate adversely affected by the panel's decision.
2. Appeals from Statewide Panel. - The decision of a panel created under G.S. 163-127.3(3) may be appealed as of right to the Court of Appeals by any of the following:
   1. The challenger.
   2. A candidate adversely affected by the panel's decision.

Appeal must be taken within two business days after the panel serves the written decision on the parties. The written appeal must be delivered or deposited in the mail to the State Board by the end of the second business day after the written decision was filed by the panel. The State Board shall prescribe forms for filing appeals from a panel's decision in a challenge. The State Board shall base its appellate decision on the whole record of the hearing conducted by the panel and render its opinion on an expedited basis. From the final order or decision by the State Board under this subsection, appeal as of right lies directly to the Court of Appeals. Appeal shall be filed no later than two business days after the State Board files its final order or decision in its office.

Appeal must be taken within two business days after the panel files the written decision. The written appeal must be delivered or deposited in the mail to the Court of Appeals by the end of the second business day after the written decision was filed by the panel.

History

(2006-155, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1030 by Session Laws 2017-6, s. 3. Former G.S. 163A-1030 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

SUBCHAPTER 06. CONDUCT OF PRIMARIES AND ELECTIONS.

§ 163-128. Election precincts and voting places established or altered.

1. Each county shall be divided into a convenient number of precincts for the purpose of voting. Upon a resolution adopted by the county board of elections and approved by the Executive Director of the State Board of Elections voters from a given precinct may be temporarily transferred, for the purpose of voting, to an adjacent precinct. Any such transfers shall be for the period of time equal only to the term of office of the county board of elections making such transfer. When such a resolution has been adopted by the county board of elections to assign voters from more than one precinct to the same precinct, then the county board of elections shall maintain separate registration and voting records, consistent with the procedure prescribed by the State Board of Elections, so as to properly identify the precinct in which such voters reside. The polling place for a precinct shall be located within the precinct or on a lot or tract adjoining the precinct.
2. Each county board of elections shall prepare a map of the county on which the precinct boundaries are drawn or described, shall revise the map when boundaries are changed, and shall keep a copy of the current map on file and posted for public inspection at the office of the Board of Elections, and shall file a copy with the State Board of Elections.

Except as provided by Article 12A of this Chapter, the county board of elections shall have power from time to time, by resolution, to establish, alter, discontinue, or create such new election precincts or voting places as it may deem expedient. Upon adoption of a resolution establishing, altering, discontinuing, or creating a precinct or voting place, the board shall give 45 days' notice thereof prior to the next primary or election. Notice shall be given by advertisement in a newspaper having general circulation in the county, by posting a copy of the resolution at the courthouse door and at the office of the county board of elections, and by mailing a copy of the resolution to the chairman of every political party in the county. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. No later than 30 days prior to the primary or election, the county board of elections shall mail a notice of precinct change to each registered voter who as a result of the change will be assigned to a different voting place.

History

(Rev., s. 4313; 1913, c. 53; C.S., s. 5934; 1921, c. 180; 1933, c. 165, s. 3; 1967, c. 775, s. 1; 1969, c. 570; 1973, c. 793, ss. 51-53; 1975, c. 798, s. 2; 1979, c. 785; 1981, c. 515, s. 1; 1985, c. 757, s. 205(b); 1989, c. 93, s. 4; c. 440, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 33; 1995, c. 423, s. 1; 2001-353, s. 2; 2006-264, s. 20; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Avery: 1997-99; 1997-217; Cabarrus: 1983, c. 225; Caswell: 1989, c. 284, s. 1; Catawba: 1981, c. 850; Cleveland: 1981, c. 411; Davidson: 1989, c. 70; Granville: 1989, c. 282, s. 1; Hertford: 1981, c. 204; Mecklenburg: 1981, c. 433; Montgomery: 1991 (Reg. Sess., 1992), c. 866; Moore: 1987, c. 549, s. 6.8; Pitt: 1987, c. 411; Randolph: 1985 (Reg. Sess., 1986), c. 827; Sampson: 1989, c. 474, s. 1; Stanly: 1981, c. 433; Stokes: 1983, c. 225; city of Rocky Mount: 1969, c. 1051; Mitchell County Board of Elections: 1997-183, s. 1.

Editor's Note. - This section was recodified as now former G.S. 163A-1045 by Session Laws 2017-6, s. 3. Former G.S. 163A-1045 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(a), (b), provided for certain elections relief and accommodations, applicable for the November 2018 election only, in response to Hurricane Florence and its aftermath.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2006-264, s. 20, effective August 27, 2006, substituted "Executive Director" for "Secretary-Director" in the second sentence of the first paragraph of subsection (a).

§ 163-129. Structure at voting place; marking off limits of voting place.

1. At the voting place in each precinct established under the provisions of G.S. 163-128, the county board of elections shall provide or procure by lease or otherwise a suitable structure or part of a structure in which registration and voting may be conducted. To this end, the county board of elections shall be entitled to demand and use any school or other State, county, or municipal building, or a part thereof, or any other building, or a part thereof, which is supported or maintained, in whole or in part by or through tax revenues provided, however, that this section shall not be construed to permit any board of elections to demand and use any tax exempt church property for such purposes without the express consent of the individual church involved, for the purpose of conducting registration and voting for any primary or election, and it may require that the requisitioned premises, or a part thereof, be vacated for these purposes.
2. If a county board of elections requires that a tax-supported building be used as a voting place, that county board of elections may require that those in control of that building provide parking that is adequate for voters at the precinct, as determined by the county board of elections.
3. The county board of elections shall inspect each precinct voting place to ascertain how it should be arranged for voting purposes, and shall direct the chief judge and judges of any precinct to define the voting place by roping off the area or otherwise enclosing it or by marking its boundaries. The boundaries of the voting place shall at any point lie no more than 100 feet from each ballot box or voting machine. The space so roped off or enclosed or marked for the voting place may contain area both inside and outside the structure in which registration and voting are to take place.
4. The county board of elections shall ensure that each precinct voting place permits candidates at least 36 hours prior to the opening of the voting place and at least 36 hours after the close of the voting place, as provided in G.S. 163A-1130, to place and retrieve political advertising. Any political advertising placed outside the times specified in this subsection may be removed by the property owner.

History

(1929, c. 164, s. 17; 1967, c. 775, s. 1; 1973, c. 793, s. 54; 1983, c. 411, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 34; 1999-426, s. 5(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2019-119, s. 1.5(a); 2019-119, s. 1.5.)

Editor's Note. - This section was recodified as now former G.S. 163A-1046 by Session Laws 2017-6, s. 3. Former G.S. 163A-1046 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2019-119, s. 1.5(a), effective December 1, 2019, added subsection (d).

Opinions of Attorney General

Use of Public Facility for Voting. - A county board of elections has the authority to demand and use a part of a public facility or a facility supported in part through tax revenues for voting on primary or election days, even over the objection of those otherwise in control of the public facility; however, in exercising this authority, it is incumbent on the board of elections to act for the benefit of the public. See opinion of Attorney General to Angie Crews, Director of Elections, Surry County Board of Elections, 2000 N.C. AG LEXIS 29 (4/14/2000).

§ 163-130. Satellite voting places.

A county board of elections by unanimous vote may, upon approval of a request submitted in writing to the State Board of Elections, establish a plan whereby elderly or disabled voters in a precinct may vote at designated sites within the precinct other than the regular voting place for that precinct. Any approval under this section is only effective for one year and shall be annually reviewed for extension. The State Board of Elections shall approve a county board's proposed plan if:

1. All the satellite voting places to be used are listed in the county's written request;
2. The plan will in the State Board's judgment overcome a barrier to voting by the elderly or disabled;
3. Adequate security against fraud is provided for; and
4. The plan does not unfairly favor or disfavor voters with regard to race or party affiliation.

History

(1991 (Reg. Sess., 1992), c. 1032, s. 10; 2013-381, s. 26.1(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1047 by Session Laws 2017-6, s. 3. Former G.S. 163A-1047 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(a), (b), provided for certain elections relief and accommodations, applicable for the November 2018 election only, in response to Hurricane Florence and its aftermath.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 26.1(a), effective January 1, 2014, in the introductory language, added "by unanimous vote" and the second sentence.

§ 163-130.1. Out-of-precinct voting places.

A county board of elections, by unanimous vote of all its members, may establish a voting place for a precinct that is located outside that precinct. The county board's proposal is subject to approval by the Executive Director of the State Board of Elections. The county board shall submit its proposal in writing to the Executive Director. Approval by the Executive Director of the county's proposed plan shall be conditioned upon the county board of elections' demonstrating that:

1. No facilities adequate to serve as a voting place are located in the precinct;
2. Adequate notification and publicity are provided to notify voters in the precinct of the new polling location;
3. The plan does not unfairly favor or disfavor voters with regard to race or party affiliation;
4. The new voting place meets all requirements for voting places including accessibility for elderly and disabled voters; and
5. The proposal provides adequately for security against fraud.

Any approval granted by the Executive Director for a voting place outside the precinct is effective only for one primary and election and must be reevaluated by the county board of elections and the Executive Director annually to determine whether it is still the only available alternative for that precinct.

History

(1999-426, s. 3(a); 2001-319, ss. 3(a), 11; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1048 by Session Laws 2017-6, s. 3. Former G.S. 163A-1048 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

This section was designated as G.S. 163-130.1 at the direction of the Revisor of Statutes, the section having been designated as G.S. 163-130A in Session Laws 1999-426, s. 3(a).

Session Laws 2001-319, s. 3(a), amended Session Laws 1999-426, s. 3(b), which had provided that this section would be effective August 5, 1999, and would expire on January 1, 2002, by deleting the sunset provision.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(a), (b), provided for certain elections relief and accommodations, applicable for the November 2018 election only, in response to Hurricane Florence and its aftermath.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

§ 163-130.2. Temporary use of two voting places for certain precincts.

A county board of elections, by unanimous vote of all its members, may propose to designate two voting places to be used temporarily for the same precinct. The temporary designation of a voting place shall continue only for the term of office of the county board of elections making the designation. For any precinct that is temporarily given two voting places, the county board shall assign every voter to one or the other of those voting places.

The county board's proposal is subject to approval by the Executive Director of the State Board of Elections. The county board shall submit its proposal in writing to the Executive Director. The Executive Director shall approve that proposal only if it finds all of the following:

1. That the precinct has more registered voters than can adequately be accommodated by any single potential voting place available for the precinct.
2. That no boundary line that complies with Article 12A of this Chapter can be identified that adequately divides the precinct.
3. That the county board can account for, by street address number, the location of every registered voter in the precinct and fix that voter's residence with certainty on a map.
4. That no more than three other precincts in the same county will have two voting places.
5. That both voting places for the precinct would have adequate facilities for the elderly and disabled.
6. That the proposal provides adequately for security against fraud.
7. That the proposal does not unfairly favor or disfavor voters with regard to race or party affiliation.

The county board shall designate a full set of precinct officials, in the manner set forth in Article 5 of this Chapter, for each voting place designated for the precinct.

History

(1999-426, s. 4(a); 2001-319, ss. 4(a), 4(b), 11; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1049 by Session Laws 2017-6, s. 3. Former G.S. 163A-1049 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

This section is former G.S. 163-130.2, as recodified by Session Laws 2017-6, s. 3. The historical citation from the former section has been added to this section as recodified.

This section was designated as G.S. 163-130.2 at the direction of the Revisor of Statutes, the section having been designated as G.S. 163-130B in Session Laws 1999-426, s. 4(a).

Session Laws 2001-319, s. 4(b), amended Session Laws 1999-426, s. 4(b), which made this section effective January 2, 2000, and provided for its expiration on January 2, 2002, by deleting the sunset provision.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.3(a), (b), provided for certain elections relief and accommodations, applicable for the November 2018 election only, in response to Hurricane Florence and its aftermath.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-131. Accessible polling places.

1. The State Board of Elections shall promulgate rules to assure that any disabled or elderly voter assigned to an inaccessible polling place, upon advance request of such voter, will be assigned to an accessible polling place. Such rules should allow the request to be made in advance of the day of the election.
2. Words in this section have the meanings prescribed by P.L. 98-435, except that the term "disabled" in this section has the same meaning as "handicapped" in P.L. 98-435.

History

(1999-424, s. 3(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1050 by Session Laws 2017-6, s. 3. Former G.S. 163A-1050 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

P.L. 98-435, referred to in subsection (b), can be found at 52 U.S.C. § 20101 et seq., the Voting Accessibility for the Elderly and Handicapped Act.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-132: Reserved for future codification purposes.

§ 163-132.1: Repealed by Session Laws 2013-381, s. 27.1, effective January 1, 2014.

History

(1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 69; 1995, c. 423, s. 2; 1999-227, s. 1; 2000-140, s. 81; 2001-319, s. 11; 2005-428, s. 16; 2006-264, s. 75.5(a); repealed by 2013-381, s. 27.1, effective January 1, 2014.)

Editor's Note. - This section, which was enacted by Session Laws 1985, c. 757, s. 205(a) and repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1074, s. 2, was reenacted and rewritten by Session Laws 1993 (Reg. Sess., 1994), c. 762, s. 69, effective upon ratification and applicable to all primaries and elections occurring on or after the date of ratification. Session Laws 1993 (Reg. Sess., 1994), c. 762 was ratified July 16, 1994.

Former G.S. 163-132.1 pertained to participation in the 2000 Census Redistricting Data Program of the United States Bureau of the Census.

§ 163-132.1A: Repealed by Session Laws 1999-227, s. 1, effective June 25, 1999.

§ 163-132.1B: Repealed by Session Laws 2016-109, s. 7(b), effective July 22, 2016.

History

(2006-264, s. 75.5(b); 2007-391, s. 6(a); 2008-187, s. 33(b); 2009-541, s. 17.)

Editor's Note. - Session Laws 2007-391, s. 6(g), effective August 19, 2007, provides: "This section becomes effective only if any funds necessary to implement it are appropriated." Funds were appropriated in Session Laws 2007-323, s. 25.1(a)(1).

Session Laws 2016-109, s. 7(c), provides: "The State Board of Elections shall develop a proposed voting district map on or before September 1, 2016, to be submitted to the Joint Legislative Elections Oversight Committee and the Legislative Services Office on or before December 1, 2016. The proposed map developed by the State Board shall take into consideration all of the following factors:

"(1) Reasonable size limitations of the proposed voting district, including total population and total registered voters.

"(2) Alignment of proposed boundaries with visible features, such as roads and bodies of water.

Session Laws 2016-109, s. 7(d), provides: "The county boards of election, shall, on or before November 1, 2017, report any requested changes to precinct boundaries to be used in elections held on or after January 1, 2018. The State Board of Elections shall develop criteria for the county boards of elections to use in developing proposed precinct boundaries, shall notify the county boards of elections of the requirement to submit proposed changes, and shall facilitate the county boards of elections in developing proposed boundary changes. The State Board of Elections shall consult with the Legislative Services Office about the proposed changes to precinct boundaries in a timely and systemic manner in order to accommodate submitting a statewide map of updated precinct boundaries to the Bureau of the Census for the Phase 2 Voting District Project. Upon receipt of the voting districts geography from the Bureau of the Census for the 2020 Census, the Executive Director of the State Board of Elections and the Legislative Services Office shall determine if any alterations to the precinct boundaries are needed in order to comply with G.S. 163-132.3(a1)(1), as enacted by Section 8(a) of this act."

§ 163-132.1C. Participation in the 2020 Census Redistricting Data Program of the United States Census Bureau.

1. Participation. - The State of North Carolina shall participate in the 2020 Census Redistricting Data Program, conducted pursuant to P.L. 94-171, of the United States Bureau of the Census, so that the State will receive 2020 Census data by voting districts.
2. Reporting of Voting Districts. - The Legislative Services Officer shall report to the Bureau of the Census this State's voting precincts, which shall be based upon the 2010 Census block boundaries, to be used in developing the geography for the 2020 Census as voting districts. The Executive Director shall approve and the Legislative Services Officer shall submit the report to the Bureau of the Census in time to comply with the deadlines of that Bureau for the 2020 Census Redistricting Data Program. The Legislative Services Officer shall participate in the Bureau of the Census's verification program and notify the Bureau of the Census of any errors in the entry of the voting districts in time for those errors to be corrected.
3. Additional Rules. - The Legislative Services Officer shall provide a copy of the submission required by subsection (b) of this section to the Executive Director and to the chair of each political party recognized under G.S. 163-96. The Legislative Services Officer shall also, at the time of the report to Bureau of the Census, post the report on the Web site of the General Assembly.

History

(2016-109, s. 7(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2019-16, s. 1.)

Editor's Note. - This section was recodified as now former G.S. 163A-1065 by Session Laws 2017-6, s. 3. Former G.S. 163A-1065 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2016-109, s. 10, made this section effective July 22, 2016, and applicable to elections held on or after that date.

Session Laws 2016-109, s. 7(c), provides: "The State Board of Elections shall develop a proposed voting district map on or before September 1, 2016, to be submitted to the Joint Legislative Elections Oversight Committee and the Legislative Services Office on or before December 1, 2016. The proposed map developed by the State Board shall take into consideration all of the following factors:

"(1) Reasonable size limitations of the proposed voting district, including total population and total registered voters.

"(2) Alignment of proposed boundaries with visible features, such as roads and bodies of water.

"(3) Potential election administration efficiencies if the proposed voting districts were used as voting precinct boundaries in an election, to include:

"a. Potential polling places within the proposed voting district.

"b. Distance to the potential polling places for the voters to travel on election day.

"c. Number of voters for voting in person." Session Laws 2019-16, s. 2, repealed Session Laws 2016-109, s. 7(c), effective May 29, 2019.

Session Laws 2016-109, s. 7(d), as amended by Session Laws 2019-16, s. 3, provides: "On or before July 1, 2019, the Executive Director of the State Board of Elections shall provide each county board of elections with a copy of the submission provided in accordance with G.S. 163A-1065 with respect to that county. The county boards of election, shall, on or before October 1, 2019, report to the Executive Director of the State Board of Elections and the Legislative Services Officer any requested changes in the precinct boundaries reported to the Bureau of the Census for the Phase 2 Voting District Project. Upon receipt of the responses from the county boards of elections regarding the voting districts geography for the 2020 Census, the Legislative Services Officer, in conjunction with the Executive Director of the State Board, shall determine if any alterations to the precinct boundaries are needed."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2019-16, s. 1, effective May 29, 2019, rewrote subsections (b) and (c).

§ 163-132.2: Repealed by Session Laws 1999-227, s. 1, effective June 25, 1999.

§ 163-132.3. Alterations to approved precinct boundaries.

1. No county board of elections may change any precinct boundary unless approved by the Executive Director of the State Board.
2. To be used by the Executive Director and the county boards of elections in changing precinct boundaries in accordance with this section, the State Board shall set uniform standards for precinct boundaries that the county boards of elections shall follow. Any uniform standards for precinct boundaries set by the State Board shall comply with all of the following:
   1. Precinct boundaries shall coincide with Census block boundaries, as set forth in the TIGER/Line Shapefiles associated with the most recent federal decennial census.
   2. Precincts shall consist solely of contiguous territory.
   3. Precincts shall consist of territory and population that allows for efficient and accurate administration of elections, taking into consideration available polling places and access to polling places.
   4. The county shall be able to reallocate any out of precinct ballots cast by a voter to the precinct associated with that voter's voter registration for purposes of reporting the results of an election.
3. The county board of elections shall report every change in precinct boundary to the Executive Director in a format required by the Executive Director.
4. The Executive Director shall examine the maps of the proposed new or altered precincts and any required written descriptions. If the Executive Director determines that all precinct boundaries are in compliance with this section, the Executive Director shall approve the maps and written descriptions as filed and these precincts shall be the official precincts for voting.
5. If the Executive Director determines that the proposed precinct boundaries are not in compliance with subsection (b) of this section, the Executive Director shall not approve those proposed precinct boundaries. The Executive Director shall notify the county board of elections of the disapproval specifying the reasons. The county board of elections may then resubmit new proposed precinct maps and written descriptions to cure the reasons for the disapproval.

No newly created or altered precinct boundary is effective until approved by the Executive Director as being in compliance with this section.

History

(1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1991 (Reg. Sess., 1992), c. 927, s. 1; 1993, c. 352, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 71; 1995, c. 423, ss. 2, 3; 1999-227, ss. 1, 2; 2001-319, ss. 10.1, 11; 2001-487, s. 96; 2002-159, s. 56; 2003-434, 1st Ex. Sess., s. 13; 2004-127, s. 1(a); 2007-391, s. 6(b); 2008-187, s. 33(b); 2016-109, s. 8(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2019-16, s. 4(a).)

Local Modification. - Avery: 1997-217; Mitchell County Board of Elections: 1997-183, s. 1.

Editor's Note. - This section was recodified as now former G.S. 163A-1071 by Session Laws 2017-6, s. 3. Former G.S. 163A-1071 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 1991 (Reg. Sess., 1992), c. 927, which amended this section in s. 5 provides: "Notwithstanding the provisions of G.S. 163-132.3, as amended by Section 1 of this act, the validity of the boundaries of a precinct of a county subject to G.S. 163-132.1A which consists of noncontiguous territory as of January 1, 1992, shall not be affected by the provisions of G.S. 163-132.3; provided, however, that any change to the boundaries of that precinct after that date shall be subject to G.S. 163-132.3, as amended by this act. Notwithstanding the preceding sentence, not later than January 1, 1997, the relevant county board of elections shall change any nonconforming precinct to eliminate noncontiguous territory in a precinct."

Session Laws 1999-227, s. 2, provides that notwithstanding Session Laws 1995, c. 423, ss. 2 and 3, the version of G.S. 163-132.3 contained in Session Laws 1999-227, s. 1 is effective upon Session Laws 1999-227 becoming law and does not expire. To the extent it is inconsistent with the provisions of Session Laws 1999-227, Session Laws 1995, c. 423, s. 3 is repealed. (Session Laws 1995, c. 423, s. 3 would have made changes to this section effective January 2, 2000; most of these changes were also made by Session Laws 1999-227, s. 1.)

Subsections (a), (d), and (e), as amended by Session Laws 2004-127, s. 1(a), effective August 15, 2004, are applicable to precincts established or changed on or after that date.

Session Laws 2007-391, s. 6(f), as amended by Session Laws 2008-187, s. 33(b), provides in part: "Subsections 6(b) through 6(e) of this section become effective January 1, 2008."

Session Laws 2007-391, s. 6(g), provides: "This section becomes effective only if any funds necessary to implement it are appropriated." Funds were appropriated in Session Laws 2007-323, s. 25.1(a)(1).

Session Laws 2016-109, s. 7(c), provides: "The State Board of Elections shall develop a proposed voting district map on or before September 1, 2016, to be submitted to the Joint Legislative Elections Oversight Committee and the Legislative Services Office on or before December 1, 2016. The proposed map developed by the State Board shall take into consideration all of the following factors:

"(1) Reasonable size limitations of the proposed voting district, including total population and total registered voters.

"(2) Alignment of proposed boundaries with visible features, such as roads and bodies of water.

"(3) Potential election administration efficiencies if the proposed voting districts were used as voting precinct boundaries in an election, to include:

"a. Potential polling places within the proposed voting district.

"b. Distance to the potential polling places for the voters to travel on election day.

"c. Number of voters for voting in person." Session Laws 2019-16, s. 2, repealed Session Laws 2016-109, s. 7(c), effective May 29, 2019.

Session Laws 2016-109, s. 7(d), as amended by Session Laws 2019-16, s. 3, provides: "On or before July 1, 2019, the Executive Director of the State Board of Elections shall provide each county board of elections with a copy of the submission provided in accordance with G.S. 163A-1065 with respect to that county. The county boards of election, shall, on or before October 1, 2019, report to the Executive Director of the State Board of Elections and the Legislative Services Officer any requested changes in the precinct boundaries reported to the Bureau of the Census for the Phase 2 Voting District Project. Upon receipt of the responses from the county boards of elections regarding the voting districts geography for the 2020 Census, the Legislative Services Officer, in conjunction with the Executive Director of the State Board, shall determine if any alterations to the precinct boundaries are needed."

Session Laws 2016-109, s. 8(b), made the amendment of this section by Session Laws 2016-109, s. 8(a), applicable to all alterations of precinct boundaries on or after January 1, 2020.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 6(b), effective January 1, 2008, rewrote subsections (a) and (b); and repealed former subsection (e).

Session Laws 2016-109, s. 8(a), effective January 1, 2020, in subsection (a), inserted "approved by"; and substituted "Elections" for "Elections determines that the country board has a current capability of complying with G.S. 163-132.1B(a2) by reporting all election returns by voting tabulation district as required by G.S. 163-132.5G. If the Executive Director so determines, the county board may make any changes to precinct boundaries, provided that all proposed new precincts shall consist solely of contiguous territory"; added subsection designators (a1) and (a2); in subsection (a1), substituted "boundaries that" for "boundaries, which"; inserted "any uniform standards for precinct boundaries set by the State Board shall comply with all of the following"; added subdivisions (a1)(1), (a1)(2), (a1)(3), and (a1)(4); in subsection (a2), "The county boards of elections shall report precinct boundary changes to the Executive Director in the manner the Executive Director directs" preceding "No newly created"; in subsection (b), substituted "precincts for voting" for "precincts"; and in subsection (c), substituted "(a1)" for "(a)"; and made minor stylistic changes. See editor's note for applicability.

Session Laws 2019-16, s. 4(a), effective January 1, 2020, substituted "To be used by the Executive Director and the county boards of elections in changing precinct boundaries in accordance with this section, the" for "The" in the first sentence in subsection (b); added ", as set forth in the TIGER/Line Shapefiles associated with the most recent federal decennial census" after "boundaries" in subdivision (b)(1); deleted "of the State Board" wherever it occurs in subsections (c)-(e); and inserted "proposed" near the end of the first sentence and in the third sentence in subsection (e).

§ 163-132.3A. Alterations to precinct names.

No county board of elections shall assign to any precinct a name that has been used after January 1, 1999, for a precinct comprising different territory. That requirement does not apply to a precinct change made under G.S. 163-132.3(a)(3). The county board of elections shall submit to the Executive Director of the State Board of Elections for approval every proposed change to a precinct name, and the Executive Director shall approve a name change only if it complies with this section.

History

(2004-127, s. 1(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1072 by Session Laws 2017-6, s. 3. Former G.S. 163A-1072 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2004-127, s. 1(c), made this section effective August 15, 2004, and applicable to precincts established or changed on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-132.4. Directives.

The Executive Director of the State Board of Elections may promulgate directives concerning its duties and those of the county boards of elections under this Article.

History

(1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 2001-319, s. 11; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1073 by Session Laws 2017-6, s. 3. Former G.S. 163A-1073 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-132.5. Cooperation of State and local agencies.

The Office of State Budget and Management, the Department of Transportation and county and municipal planning departments shall cooperate and assist the Legislative Services Office, the Executive Director of the State Board of Elections and the county boards of elections in the implementation of this Article.

History

(1985, c. 757, s. 205(a); 1987, c. 715, s. 4; 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1989, c. 440, s. 3, c. 770, s. 75.3; 2000-140, ss. 93.1(c); 2001-319, s. 11; 2001-424, s. 12.2(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1074 by Session Laws 2017-6, s. 3. Former G.S. 163A-1074 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-132.5A: Repealed by Session Laws 1991 (Regular Session, 1992), c. 927, s. 1.

§ 163-132.5B: Repealed by Session Laws 2018-146, s. 4.5(e), effective January 31, 2019.

History

(1987, c. 715, s. 4; 1987 (Reg. Sess., 1988), c. 1074, s. 2; 2001-319, s. 11; 2017-6, s. 3; 2018-146, s. 3.1(a), (b); repealed by 2018-146, s. 4.5(e), effective January 31, 2019.)

Editor's Note. - Former G.S. 163A-1075 was formerly G.S. 163-132.5B, as recodified by Session Laws 2017-6, s. 3, and pertained to exemption from Administrative Procedure Act.

§ 163-132.5C. Local acts and township lines.

1. Notwithstanding the provisions of any local act, a county board of elections need not have the approval of any other county board or commission to make precinct boundary changes required by this Article.
2. Precinct boundaries established, retained or changed under this Article, or changed to follow a district line where a precinct has been divided in a districting plan, may cross township lines.

History

(1987, c. 715, s. 4; 1989, c. 440, s. 5; 1991 (Reg. Sess., 1992), c. 927, s. 1; 1995, c. 423, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Local Modification. - Avery: 1997-217; Mitchell County Board of Elections: 1997-183, s. 1.

Editor's Note. - This section was recodified as now former G.S. 163A-1076 by Session Laws 2017-6, s. 3. Former G.S. 163A-1076 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-132.5D. Retention of precinct maps.

The Executive Director of the State Board of Elections shall retain the maps and written descriptions which he approves pursuant to G.S. 163-132.3.

History

(1991 (Reg. Sess., 1992), c. 927, s. 1; 2001-319, s. 11; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1077 by Session Laws 2017-6, s. 3. Former G.S. 163A-1077 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-132.5E: Repealed by Session Laws 1999-227, s. 1, effective June 25, 1999.

§ 163-132.5F. U.S. Census data by voting tabulation district.

The State shall request the U.S. Bureau of the Census for each decennial census to provide summaries of census data by voting tabulation district and shall participate in any U.S. Bureau of the Census' program to effectuate this provision.

History

(1991 (Reg. Sess., 1992), c. 927, s. 1; 2007-391, s. 6(e); 2008-187, s. 33(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1078 by Session Laws 2017-6, s. 3. Former G.S. 163A-1078 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 6(f), as amended by Session Laws 2008-187, s. 33(b), provides in part: "Subsections 6(b) through 6(e) of this section become effective January 1, 2008."

Session Laws 2007-391, s. 6(g) provides: "This section becomes effective only if any funds necessary to implement it are appropriated." Funds were appropriated in Session Laws 2007-323, s. 25.1(a)(1).

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 6(e), effective January 1, 2008, substituted "voting tabulation district" for "precinct" in the section catchline and in the section.

§ 163-132.5G. Voting data maintained by precinct.

1. Each county board of elections shall maintain voting data by voting precinct so that precinct returns for each item on the ballot shall include the votes cast by all residents of that voting precinct who voted, regardless of where the voter voted. The county board shall not be required to report returns by voting precinct for voters who voted other than at the voting precinct associated with that voter's voter registration until 30 days after the election. In reporting returns, the county board shall not compromise the secrecy of an individual's ballot. In reporting returns, the county board shall report, by precinct for each item on the ballot, the number of voters who did not select a choice for that item on the ballot and the number of voters who selected more choices than available for that item on the ballot.
2. The 30-day deadline for reporting returns by voting precinct does not relieve the county board of the duty to report all returns as soon as practicable after the election according to other categories specified by the State Board.
3. The State Board shall adopt rules for the enforcement of this section.
4. If a county board of elections does not comply with the requirements of this section, the State Board shall direct the chair of the county board of elections to appear and explain the delay at the next official meeting of the State Board.

History

(2001-466, s. 2; 2003-183, s. 1; 2005-323, s. 1(e); 2007-391, s. 6(c); 2008-187, s. 33(b); 2016-109, s. 9(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2020-17, s. 10.5.)

Editor's Note. - This section was recodified as now former G.S. 163A-1079 by Session Laws 2017-6, s. 3. Former G.S. 163A-1079 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2016-109, s. 9(c), provides: "Until January 1, 2020, the State Board of Elections shall report for each voter registration the current voting precinct and the 2010 Census Bureau voting tabulation district."

Session Laws 2016-109, s. 9(d), made the amendment to subsection (a) of this section by Session Laws 2016-109, s. 9(b), applicable to elections conducted on or after September 1, 2016 and contracts awarded on or after September 1, 2016.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2005-323, s. 1(e), effective August 26, 2005, inserted "by provisional ballot and" in the first sentence and "provisional and" in the second sentence, and deleted the former fourth and fifth sentences, which read: "Those rules shall provide for exemptions where the expense of compliance would place a financial hardship on a county. Those rules shall provide for compliance by 2004 for counties the State Board determines are capable of complying by that year."

Session Laws 2007-391, s. 6(c), effective January 1, 2008, substituted "voting tabulation district" for "precinct" in the section catchline and rewrote the section.

Session Laws 2016-109, s. 9(a), effective September 1, 2016, added subsection designators (a), (b), and (c); in subsection (a), substituted "precinct" for "tabulation district as provided in G.S. 163-132.1B," "voting tabulation district," and "tabulation district," "that voting precinct" for "the voting tabulation district," "the voter" for "they," "the voting" for "their," "associated with that voter's voter registration" for "voting place on election day," and "30-day" for "60-day"; and in subsection (b), substituted "30-day" for "60-day" and "precinct" for "tabulation district." The section above is effective January 1, 2020. See editor's note for applicability.

Session Laws 2020-17, s. 10.5, effective June 12, 2020, added the last sentence in subsection (a); substituted "State Board" for "State Board of Elections" in subsections (b) and (c); and added subsection (d).

§ 163-132.6: Repealed by Session Laws 1991 (Regular Session, 1992), c. 927, s. 1.

§§ 163-133, 163-134: Reserved for future codification purposes.

§§ 163-160 through 163-164: Repealed by Session Laws 2001-460, s. 1, effective January 1, 2002.

Cross References. - As to voting, see now G.S. 163-165 et seq.

Editor's Note. - Section 163-165, which had been reserved for future codification purposes under Article 14, is now codified under Article 13A. Section 163-166 had been repealed by Session Laws 1997-443, s. 31. Session Laws 2001-460, s. 3, enacted Article 13A containing G.S. 163-166 which was recodified as G.S. 163-166.01 at the direction of the Revisor of Statutes. Section 163-167 had been reserved for future codification purposes, and now appears at the end of Article 13A.

§ 163-165. Definitions.

In addition to the definitions stated below, the definitions set forth in Article 15A of this Chapter also apply to this Part. As used in this Part:

1. "Ballot" means an instrument on which a voter indicates that voter's choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal, and is evidenced by an individual paper document that bears marks made by the voter by hand or through electronic means, whether preprinted or printed in the voting enclosure.
2. "Ballot item" means a single item on a ballot in which the voters are to choose between or among the candidates or proposals listed.
3. "Ballot style" means the version of a ballot within a jurisdiction that an individual voter is eligible to vote. For example, in a county that uses essentially the same official ballot, a group office such as county commissioner may be divided into districts so that different voters in the same county vote for commissioner in different districts. The different versions of the county's official ballot containing only those district ballot items one individual voter may vote are the county's different ballot styles.
4. "Election" means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.
5. "Official ballot" means a ballot that has been certified by the State Board of Elections and produced by or with the approval of the county board of elections. The term does not include a sample ballot or a specimen ballot.
6. "Provisional official ballot" means an official ballot that is voted and then placed in an envelope that contains an affidavit signed by the voter certifying identity and eligibility to vote. Except for its envelope, a provisional official ballot shall not be marked to make it identifiable to the voter.
7. "Referendum" means the event in which voters cast votes for or against ballot questions other than the election of candidates to office.
8. "Voting booth" means the private space in which a voter is to mark an official ballot.
9. "Voting enclosure" means the room within the voting place that is used for voting.
10. "Voting place" means the building or area of the building that contains the voting enclosure.
11. "Voting system" means a system of casting and tabulating ballots. The term includes systems of paper ballots counted by hand as well as systems utilizing mechanical and electronic voting equipment.

History

(2001-460, s. 3; 2001-466, s. 3(a), (b); 2002-159, s. 21(h); 2006-262, s. 4; 2013-381, ss. 30.1, 30.2; 2015-103, ss. 4(a), 5(a), 6(b); 2017-6, s. 3; 2018-13, s. 3.11(b); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1095 by Session Laws 2017-6, s. 3. Former G.S. 163A-1095 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2001-460, s. 3 enacted this Article as Article 13A. At the direction of the Revisor of Statutes, Article 13A followed repealed Article 14 in order to maintain numerical order in the section numbers. Subsequently, Session Laws 2002-159, s. 21(h), effective October 11, 2002, recodified Article 13A as Article 14A.

G.S. 163-165 had been reserved for future codification purposes under former Article 14, which was repealed by Session Laws 2001-460, s. 1, effective January 1, 2002.

Session Laws 2006-262, s. 5, provides: "Section 4 of this act becomes effective January 1, 2007. The remainder of this act is effective when it becomes law, except that any criminal penalty resulting from this act becomes effective October 1, 2006. Prosecutions for offenses committed before October 1, 2006, are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Session Laws 2013-381, s. 30.2, added a subdivision (5a), defining "Paper ballot," which was repealed by Session Laws 2015-103, s. 5(a), before it became effective. See note below for effective dates.

Session Laws 2013-381, s. 30.8, as amended by Session Laws 2015-103, s. 6(a), Session Laws 2018-13, s. 3.11(a), and Session Laws 2019-177, s. 10.1(a), provides: "Any direct record electronic (DRE) voting systems currently certified by the State Board of Elections and Ethics Enforcement which do not use paper ballots shall be decertified and shall not be used in any election held on or after December 1, 2019. Decertification of a DRE voting system that does not use paper ballots may not be appealed to the Superior Court of Wake County pursuant to G.S. 163A-1115(d)."

Session Laws 2013-381, s. 30.9, as amended by Session Laws 2015-103, s. 6(b), Session Laws 2018-13, s. 3.11(b), and Session Laws 2019-177, s. 10.1(b), provides: "This Part becomes effective December 1, 2019, for counties that use direct record electronic voting machines."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2015-103, s. 5(c), provides: "This section becomes effective January 1, 2018. Counties authorized to use direct record electronic voting systems pursuant to S.L. 2013-381, as amended by Section 6 of this act, may continue to use direct record electronic voting systems in accordance with that act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-239, s. 3(a), provides: "Notwithstanding Section 3.11 of S.L. 2018-13, the State Board of Elections (State Board) may authorize, upon such terms and conditions as the State Board deems appropriate, a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied:

"(1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county.

"(2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections.

"(3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9."

Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-239, s. 5.14, is a severability clause.

Effect of Amendments. - Session Laws 2006-262, s. 4, effective January 1, 2007, added the last sentence in subdivision (6).

Session Laws 2013-381, ss. 30.1, 30.2, substituted "or a paper" for "the face of a lever voting machine, the image on a direct record electronic unit, or a" in the second sentence of subdivision (1); and added subdivision (5a). For effective date and applicability, see editor's note.

Session Laws 2015-103, s. 4(a), effective June 22, 2015, substituted "that voter's choice for a ballot item" for "a choice" in subdivision (1).

Session Laws 2015-103, s. 5(a), in the version of subdivision (1) effective January 1, 2018, added "and is evidenced by an individual paper document that bears marks made by the voter by hand or through electronic means, whether preprinted or printed in the voting enclosure" and deleted the former second sentence, which read: "The term 'ballot' may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic scanner, or a paper ballot used on any other voting system."; and deleted subdivision (5a), which read: "(5a) 'Paper ballot' means an individual paper document that bears marks made by the voter by hand or through electronic means." For effective date and applicability, see editor's note.

Legal Periodicals. - For article, "'High Court Wrongly Elected': A Public Choice Model of Judging and Its Implications for the Voting Rights Act," see 75 N.C.L. Rev. 1305 (1997).

§ 163-165.1. Scope and general rules.

1. Scope. - This Article shall apply to all elections in this State.
2. Requirements of Official Ballots in Voting. - In any election conducted under this Article:
   1. All voting shall be by official ballot.
   2. Only votes cast on an official ballot shall be counted.
3. Compliance With This Article. - All ballots shall comply with the provisions of this Article.
4. Other Uses Prohibited. - An official ballot shall not be used for any purpose not authorized by this Article.
5. Voted ballots and paper and electronic records of individual voted ballots shall be treated as confidential, and no person other than elections officials performing their duties may have access to voted ballots or paper or electronic records of individual voted ballots except by court order or order of the appropriate board of elections as part of the resolution of an election protest or investigation of an alleged election irregularity or violation. Voted ballots and paper and electronic records of individual voted ballots shall not be disclosed to members of the public in such a way as to disclose how a particular voter voted, unless a court orders otherwise. Any person who has access to an official voted ballot or record and knowingly discloses in violation of this section how an individual has voted that ballot is guilty of a Class 1 misdemeanor.

History

(2001-460, s. 3; 2002-159, s. 55(o); 2005-323, s. 1(f); 2007-391, s. 9(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1105 by Session Laws 2017-6, s. 3. Former G.S. 163A-1105 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2005-323, s. 1(f), effective August 26, 2005, in subsection (e), inserted "and paper records of individual voted ballots" in the first and second sentences and "or paper records of individual voted ballots" in the first sentence.

Session Laws 2007-391, s. 9(a), effective December 1, 2007, and applicable to any offense occurring on or after that date, in subsection (e), inserted the references to "electronic" in the first two sentences, and added the last sentence.

§ 163-165.2. Sample ballots.

1. County Board to Produce and Distribute Sample Ballots. - The county board of elections shall produce sample ballots, in all the necessary ballot styles of the official ballot, for every election to be held in the county. The sample ballots shall be given an appearance that clearly distinguishes them from official ballots. The county board shall distribute sample ballots to the chief judge of every precinct in which the election is to be conducted. The chief judge shall post a sample ballot in the voting place and may use it for instructional purposes. The county board of elections may use the sample ballot for other informational purposes.
2. Document Resembling an Official Ballot to Contain Disclaimer. - No person other than a board of elections shall produce or disseminate a document substantially resembling an official ballot unless the document contains on its face a prominent statement that the document was not produced by a board of elections and is not an official ballot.

History

(2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1106 by Session Laws 2017-6, s. 3. Former G.S. 163A-1106 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-165.3. Responsibilities for preparing official ballots.

1. State Board Responsibilities. - The State Board of Elections shall certify the official ballots and voter instructions to be used in every election that is subject to this Article. In conducting its certification, the State Board shall adhere to the following:
   1. No later than January 31 of every calendar year, the State Board shall establish a schedule for the certification of all official ballots and instructions during that year. The schedule shall include a time for county boards of elections to submit their official ballots and instructions to the State Board for certification and times for the State Board to complete the certification.
   2. The State Board of Elections shall compose model ballot instructions, which county boards of elections may amend subject to approval by the State Board as part of the certification process. The State Board of Elections may permit a county board of elections to place instructions elsewhere than on the official ballot itself, where placing them on the official ballot would be impractical.
   3. With regard only to multicounty ballot items on the official ballot, the State Board shall certify the accuracy of the content on the official ballot.
   4. With regard to the entire official ballot, the State Board shall certify that the content and arrangement of the official ballot are in substantial compliance with the provisions of this Article and standards adopted by the State Board.
   5. The State Board shall proofread the official ballot of every county, if practical, prior to final production.
   6. The State Board is not required to certify or review every official ballot style in the county but may require county boards to submit and may review a composite official ballot showing races that will appear in every district in the county.
2. County Board Responsibilities. - Each county board of elections shall prepare and produce official ballots for all elections in that county. The county board of elections shall submit the format of each official ballot and set of instructions to the State Board of Elections for review and certification in accordance with the schedule established by the State Board. The county board of elections shall follow the directions of the State Board in placing candidates, referenda, and other material on official ballots and in placing instructions.
3. Late Changes in Ballots. - The State Board shall promulgate rules for late changes in ballots. The rules shall provide for the reprinting, where practical, of official ballots as a result of replacement candidates to fill vacancies in accordance with G.S. 163-114 or other late changes. If an official ballot is not reprinted, a vote for a candidate who has been replaced in accordance with G.S. 163-114 will count for the replacement candidate.
4. Special Ballots. - The State Board of Elections, with the approval of a county board of elections, may produce special official ballots, such as those for disabled voters, where production by the State Board would be more practical than production by the county board.

The State Board shall be responsible for oversight of all ballot coding. In order to produce the data necessary for equipment programming, each county shall either contract with a qualified vendor certified by the State Board or be certified by the State Board to produce the data.

History

(2001-460, s. 3; 2007-391, s. 24(a); 2008-187, s. 33(a); 2009-541, s. 18(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1107 by Session Laws 2017-6, s. 3. Former G.S. 163A-1107 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 24(b), provides: "This section becomes effective only if any funds necessary to implement it are appropriated." Funds were appropriated in Session Laws 2007-323, s. 25.1(a)(3).

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 24(a), which, in subsection (a), substituted "Responsibilities" for "to Certify Official Ballots and Instructions to Voters" in the catchline and added the last paragraph, and substituted "Responsibilities" for "to Prepare and Produce Official Ballots and Instructions" in the subsection (b) catchline, is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 24(a), effective August 19, 2007, in subsection (a), substituted "Responsibilities" for "to Certify Official Ballots and Instructions to Voters" in the catchline and added the last paragraph; and substituted "Responsibilities" for "to Prepare and Produce Official Ballots and Instructions" in the subsection (b) catchline.

Session Laws 2009-541, s. 18(a), effective July 1, 2010, rewrote the last paragraph of subsection (a).

§ 163-165.4. Standards for official ballots.

The State Board of Elections shall ensure that official ballots throughout the State have all the following characteristics:

1. Are readily understandable by voters.
2. Present all candidates and questions in a fair and nondiscriminatory manner.
3. Allow every voter to cast a vote in every ballot item without difficulty.
4. Facilitate an accurate vote count.
5. Are uniform in content and format, subject to varied presentations required or made desirable by different voting systems.

History

(2001-460, s. 3; 2013-381, s. 29.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1108 by Session Laws 2017-6, s. 3. Former G.S. 163A-1108 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 29.1, effective January 1, 2014, deleted "seek to" following "Elections shall" in the introductory language of the section.

§ 163-165.4A. Punch-card ballots and lever machines.

1. No ballot may be used in any referendum, primary, or other election as an official ballot if it requires the voter to punch out a hole with a stylus or other tool.
2. No lever machine voting system may be used in any referendum, primary, or other election as a means of voting the official ballot. A "lever machine voting system" is a voting system on which the voter casts a vote by pressing a lever and the vote is mechanically recorded by the machine.
3. In any counties that used punch-card ballots as official ballots or lever machines in the election of November 2000, and in any municipalities located in those counties, this section becomes effective January 1, 2006. It is the intent of the General Assembly that any county that uses county funds to replace voting equipment to satisfy this section shall be given priority in appropriations to counties for voting equipment.

History

(2001-310, ss. 1, 3; 2003-226, s. 12; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1109 by Session Laws 2017-6, s. 3. Former G.S. 163A-1109 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2001-310, s. 3, provides: "If Senate Bill 17, 2001 Regular Session of the General Assembly, becomes law, then effective January 1, 2002, G.S. 163-140.3, as enacted by this act, is recodified as G.S. 163-165.4A, and G.S. 163-140.4, as enacted by this act, is recodified as G.S. 163-165.4B." Senate Bill 17 is Session Laws 2001-460.

Session Laws 2001-310, s. 4, provides in part: "Section 1 of this act is effective when it becomes law and applies to primaries, elections, and referenda conducted on or after that date. Nothing in this act shall obligate the General Assembly to appropriate funds to implement this act."

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-165.4B. Butterfly ballots.

No butterfly ballot may be used as an official ballot in any referendum, primary, or other election. The term "butterfly ballot" means a ballot having more than one column listing ballot choices that share a common column for designating those choices.

History

(2001-310, ss. 2, 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1110 by Session Laws 2017-6, s. 3. Former G.S. 163A-1110 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2001-310, s. 3, provides: "If Senate Bill 17, 2001 Regular Session of the General Assembly, becomes law, then effective January 1, 2002, G.S. 163-140.3, as enacted by this act, is recodified as G.S. 163-165.4A, and G.S. 163-140.4, as enacted by this act, is recodified as G.S. 163-165.4B." Senate Bill 17 is Session Laws 2001-460.

Session Laws 2001-310, s. 4, provides in part: "Nothing in this act shall obligate the General Assembly to appropriate funds to implement this act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-165.4C. Prohibited voting systems.

A voting system that does not use or produce a ballot shall not be used in any referendum, primary, or other election as a means of voting or counting an official ballot.

History

(2015-103, s. 5(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1111 by Session Laws 2017-6, s. 3. Former G.S. 163A-1111 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2015-103, s. 5(b) enacted this section as 163-165.4B. It has been renumbered as this section at the direction of the Revisor of Statutes.

Session Laws 2015-103, s. 5(c), provides: "This section becomes effective January 1, 2018. Counties authorized to use direct record electronic voting systems pursuant to S.L. 2013-381, as amended by Section 6 of this act, may continue to use direct record electronic voting systems in accordance with that act."

Session Laws 2013-381, s. 30.8, as amended by Session Laws 2015-103, s. 6(a), Session Laws 2018-13, s. 3.11(a), and Session Laws 2019-177, s. 10.1(a), provides: "Any direct record electronic (DRE) voting systems currently certified by the State Board of Elections and Ethics Enforcement which do not use paper ballots shall be decertified and shall not be used in any election held on or after December 1, 2019. Decertification of a DRE voting system that does not use paper ballots may not be appealed to the Superior Court of Wake County pursuant to G.S. 163A-1115(d)."

Session Laws 2013-381, s. 30.9, as amended by Session Laws 2015-103, s. 6(b), Session Laws 2018-13, s. 3.11(b), and Session Laws 2019-177, s. 10.1(b), provides: "This Part becomes effective December 1, 2019, for counties that use direct record electronic voting machines."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-239, s. 3(a), provides: "Notwithstanding Section 3.11 of S.L. 2018-13, the State Board of Elections (State Board) may authorize, upon such terms and conditions as the State Board deems appropriate, a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied:

"(1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county.

"(2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections.

"(3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9."

Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-239, s. 5.14, is a severability clause.

§ 163-165.5. Contents of official ballots.

1. Except as provided in this section, each official ballot shall contain all the following elements:
   1. The heading prescribed by the State Board. The heading shall include the term "Official Ballot".
   2. The title of each office to be voted on and the number of votes allowed in each ballot item.
   3. The names of the candidates as they appear on their notice of candidacy filed pursuant to G.S. 163-106, 163-106.1, 163-106.2, 163-106.3, 163-106.4, 163-106.5, and 163-106.6, or on petition forms filed in accordance with G.S. 163-122. No title, appendage, or appellation indicating rank, status, or position shall be printed on the official ballot in connection with the candidate's name. Candidates, however, may use the title Mr., Mrs., Miss, or Ms. Nicknames shall be permitted on an official ballot if used in the notice of candidacy or qualifying petition, but the nickname shall appear according to standards adopted by the State Board of Elections. Those standards shall allow the presentation of legitimate nicknames in ways that do not mislead the voter or unduly advertise the candidacy. In the case of candidates for presidential elector, the official ballot shall not contain the names of the candidates for elector but instead shall contain the nominees for President and Vice President which the candidates for elector represent. The State Board of Elections shall establish a review procedure that local boards of elections shall follow to ensure that candidates' names appear on the official ballot in accordance with this subdivision.
   4. Party designations in partisan ballot items.
   5. A means by which the voter may cast write-in votes, as provided in G.S. 163-123. No space for write-ins is required unless a write-in candidate has qualified under G.S. 163-123 or unless the ballot item is exempt from G.S. 163-123.
   6. Instructions to voters, unless the State Board of Elections allows instructions to be placed elsewhere than on the official ballot.
   7. The printed title and facsimile signature of the chair of the county board of elections.
   8. The designation of vacancy sought, for any vacancy for the office of Justice or judge of the courts. The designation shall not be the name or names of any incumbent or other individual but shall be designated as determined by the State Board.
2. Notwithstanding subsection (a) of this section, an official ballot created and printed by use of a voting system in the voting enclosure shall be counted if all of the following apply:
   1. Each of the following are printed on that official ballot:
      1. The date of the election.
      2. The precinct name or a unique identification code associated with that ballot style.
      3. The choices made by the voter for all ballot items in which the voter cast a vote.
   2. The electronic display of the voting system seen by the voter contains all of the information required by subsection (a) of this section.
   3. The voter is capable of reviewing the printed official ballot, and voiding that ballot, prior to casting that voter's ballot.
   4. The voter's choices in and on the electronic display are removed prior to the next voter using that voting equipment.

History

(2001-460, s. 3; 2003-209, s. 1; 2007-391, s. 10; 2008-187, s. 33(a); 2015-103, s. 4(b); 2015-292, s. 1; 2016-125, 4th Ex. Sess., s. 21(g); 2017-3, s. 12; 2017-6, s. 3; 2018-121, s. 4(a); 2018-146, s. 3.1(a), (b).)

Elections for Judicial Offices 2018. - Session Laws 2018-13, s. 2(a)-(d), as amended by 2018-130, 1st Ex. Sess., ss. 2, 3, provides: "(a) The General Assembly finds that both chambers of the General Assembly have carefully examined judicial redistricting and the forms of judicial selection with multiple committees considering various proposals of selection and new judicial district maps. The General Assembly finds that, to allow for more time to thoughtfully consider these changes, the General Assembly enacted S.L. 2017-214, the Electoral Freedom Act of 2017, which, among other items, provided for a one-time cancellation of partisan primaries for the offices of district court judge, superior court judge, judges of the Court of Appeals, and Supreme Court justices for the 2018 election cycle. The General Assembly finds that all elections for judges in 2018 were to be treated uniformly under S.L. 2017-214, the Electoral Freedom Act of 2017, while those changes were considered.

"The General Assembly notes that election to these offices will be held under a plurality election system, with candidates running under a political party label on the ballot, without having gone through a party primary. The General Assembly finds that ballot language above the sections of 2018 general election ballots regarding these impacted offices setting forth the listed party affiliation of a candidate at least 90 days prior to the time of filing, consistent with G.S. 163A-973, would aid voters' understanding of the 2018 judicial races.

"(b) For the 2018 general election, the State Board of Elections and Ethics Enforcement shall, notwithstanding G.S. 163A-1114(b)(2), list the following judicial offices at the end of all partisan offices listed on the general election ballot:

"(1) Justices of the Supreme Court.

"(2) Judges of the Court of Appeals.

"(3) Judges of the superior courts.

"(4) Judges of the district courts.

"(c) Notwithstanding G.S. 163A-1112, immediately prior to the placement of the judicial offices listed in subsection (b) of this section on the ballot, the following information shall be printed:

"No primaries for judicial office were held in 2018. The party information by each of the following candidates' names is shown only if the candidates' party affiliation or unaffiliated status is the same as on their voter registration at the time they filed to run for office and 90 days prior to that filing.

"(d) Except as provided in this section, ballot order for the judicial offices listed in subsection (b) of this section shall be as provided in Section 4(j) of S.L. 2017-214."

Editor's Note. - This section was recodified as now former G.S. 163A-1112 by Session Laws 2017-6, s. 3. Former G.S. 163A-1112 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 10, which added the last sentence in subdivision (5), is effective August 19, 2007.

Session Laws 2015-292, s. 3, made the amendment to this section by Session Laws 2015-292, s. 1, applicable to elections held on or after October 29, 2015.

Session Laws 2016-125, 4th Ex. Sess., s. 21(h), made the amendment to subdivision (a)(4) by Session Laws 2016-125, 4th Ex. Sess., s. 21(g), effective January 1, 2018, and applicable to primaries and elections held on or after that date.

Session Laws 2016-125, s. 25, 4th Ex Sess., is a severability clause.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-121, s. 4(c), made the amendment of subsection (a) of this section by Session Laws 2018-121, s. 4(a), effective June 28, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2007-391, s. 10, effective August 19, 2007, added the last sentence in subdivision (5).

Session Laws 2015-103, s. 4(b), effective June 22, 2015, added the subsection (a) designation; added "Except as provided in this section," at the beginning of subsection (a); substituted "votes allowed" for "seats to be filled" in subdivision (a)(2); and added subsection (b).

Session Laws 2015-292, s. 1, effective October 29, 2015, inserted "and in nonpartisan ballot items as required by G.S. 163-323(h)" at the end of subdivision (4) (now (a)(4)). For applicability, see editor's note.

Session Laws 2016-125, 4th Ex. Sess., s. 21(g), effective January 1, 2018, deleted "and in nonpartisan ballot items as required by G.S. 163-323(h)" from the end of subdivision (a)(4). For effective date and applicability, see editor's note.

Session Laws 2017-3, s. 12, effective with respect to primaries and elections held on or after January 1, 2018, deleted "or G.S. 163-323," preceding "or on petition forms" in subdivision (a)(3).

Session Laws 2018-121, s. 4(a), added subdivision (a)(8). For effective date and applicability, see editor's note.

§ 163-165.5A: Expired pursuant to Session Laws 2001-288, s. 3, effective January 1, 2012.

§ 163-165.5B. Ballots may be combined.

Notwithstanding any other statute or local act, a county board of elections, with the approval of the State Board of Elections, may combine ballot items on the same official ballot.

History

(2007-391, s. 7; 2008-187, s. 33(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1113 by Session Laws 2017-6, s. 3. Former G.S. 163A-1113 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the act. Session Laws 2007-391, s. 39 made this section effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-165.6. Arrangement of official ballots.

1. Order of Precedence Generally. - Candidate ballot items shall be arranged on the official ballot before referenda.
2. Order of Precedence for Candidate Ballot Items. - The State Board of Elections shall promulgate rules prescribing the order of offices to be voted on the official ballot. Those rules shall adhere to the following guidelines:
   1. Federal offices shall be listed before State and local offices. Member of the United States House of Representatives shall be listed immediately after United States Senator.
   2. State and local offices shall be listed according to the size of the electorate.
   3. Partisan offices, regardless of the size of the constituency, shall be listed before nonpartisan offices.
   4. When offices are in the same class, they shall be listed in alphabetical order by office name, or in numerical or alphabetical order by district name. Governor and Lieutenant Governor, in that order, shall be listed before other Council of State offices. The Supreme Court shall be listed before the Court of Appeals. Judicial offices and district attorney shall be listed, in that order, after other offices in the same class. Mayor shall be listed before other citywide offices. Chair of a board, where elected separately, shall be listed before other board seats having the same electorate. Chief Justice shall be listed before Associate Justices.
   5. Ballot items for full terms of an office shall be listed before ballot items for partial terms of the same office.
   6. Ballot items for retention elections held under Article 1A of Chapter 7A of the General Statutes shall be grouped with like State offices, but shall be listed after offices for which an election is conducted under Article 25 of this Chapter.
3. Order of Candidates on Official Ballots. - The order in which candidates shall appear on official ballots in any election ballot item shall be either alphabetical order or reverse alphabetical order by the last name of the candidate, which order shall be determined each election by drawing at the State Board after the closing of the filing period for all offices on the ballot.
4. ,  (e) Repealed by Session Laws 2018-99, s. 1, effective June 26, 2018, and applciable to elections held on or after that date.
5. No Straight-Party Voting. - Each official ballot shall not contain any place that allows a voter with one mark to vote for the candidates of a party for more than one office.
6. Write-In Voting. - Each official ballot shall be so arranged so that voters may cast write-in votes for candidates except where prohibited by G.S. 163-123 or other statutes governing write-in votes. Instructions for general election ballots shall clearly advise voters of the rules of this subsection and of the statutes governing write-in voting.
7. Order of Precedence for Referenda. - Without referencing a numerical order or other reference of order by category or within a category, the referendum questions to be voted on shall be arranged on the official ballot in the following order:
   1. Proposed amendments to the North Carolina Constitution, in the chronological order in which the proposals were approved by the General Assembly. Proposed amendments shall be designated by only the phrase "Constitutional Amendment" prior to setting forth the referendum question.
   2. Other referenda to be voted on by all voters in the State, in the chronological order in which the proposals were approved by the General Assembly.
   3. Referenda to be voted on by fewer than all the voters in the State, in the chronological order of the acts by which the referenda were properly authorized.

History

(2001-460, s. 3; 2002-158, s. 14; 2013-381, ss. 31.1, 32.1; 2014-111, s. 2; 2015-66, s. 4; 2016-109, ss. 3, 4(a); 2017-6, s. 3; 2018-13, s. 3.6; 2018-99, s. 1; 2018-131, 1st Ex. Sess., s. 1(a); 2018-146, s. 3.1(a), (b).)

Elections for Judicial Offices 2018. - Session Laws 2018-13, s. 2(a)-(d), as amended by 2018-130, 1st Ex. Sess., ss. 2, 3, provides: "(a) The General Assembly finds that both chambers of the General Assembly have carefully examined judicial redistricting and the forms of judicial selection with multiple committees considering various proposals of selection and new judicial district maps. The General Assembly finds that, to allow for more time to thoughtfully consider these changes, the General Assembly enacted S.L. 2017-214, the Electoral Freedom Act of 2017, which, among other items, provided for a one-time cancellation of partisan primaries for the offices of district court judge, superior court judge, judges of the Court of Appeals, and Supreme Court justices for the 2018 election cycle. The General Assembly finds that all elections for judges in 2018 were to be treated uniformly under S.L. 2017-214, the Electoral Freedom Act of 2017, while those changes were considered.

"The General Assembly notes that election to these offices will be held under a plurality election system, with candidates running under a political party label on the ballot, without having gone through a party primary. The General Assembly finds that ballot language above the sections of 2018 general election ballots regarding these impacted offices setting forth the listed party affiliation of a candidate at least 90 days prior to the time of filing, consistent with G.S. 163A-973, would aid voters' understanding of the 2018 judicial races.

"(b) For the 2018 general election, the State Board of Elections and Ethics Enforcement shall, notwithstanding G.S. 163A-1114(b)(2), list the following judicial offices at the end of all partisan offices listed on the general election ballot:

"(1) Justices of the Supreme Court.

"(2) Judges of the Court of Appeals.

"(3) Judges of the superior courts.

"(4) Judges of the district courts.

"(c) Notwithstanding G.S. 163A-1112, immediately prior to the placement of the judicial offices listed in subsection (b) of this section on the ballot, the following information shall be printed:

"No primaries for judicial office were held in 2018. The party information by each of the following candidates' names is shown only if the candidates' party affiliation or unaffiliated status is the same as on their voter registration at the time they filed to run for office and 90 days prior to that filing.

"(d) Except as provided in this section, ballot order for the judicial offices listed in subsection (b) of this section shall be as provided in Section 4(j) of S.L. 2017-214."

Editor's Note. - This section was recodified as now former G.S. 163A-1114 by Session Laws 2017-6, s. 3. Former G.S. 163A-1114 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2002-158, s. 15, is a severability clause.

Session Laws 2002-158, s. 15.1, states that nothing in this act obligates the General Assembly to appropriate funds to implement the provisions of the act now or in the future.

Session Laws 2016-109, s. 10, made subsection (d1), as added by Session Laws 2016-109, s. 3, applicable to elections held on or after July 22, 2016.

Session Laws 2016-109, s. 10, made the amendment to subsection (g) by Session Laws 2016-109, s. 4(a), applicable to elections held on or after July 22, 2016.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made the amendment of subdivision (b)(4) of this section by Session Laws 2018-13, s. 3.6, effective June 20, 2018, and applicable to elections held on or after that date.

Session laws 2018-99, s. 2, provides: "This act is effective when it becomes law and applies to elections held on or after that date. Notwithstanding G.S. 163A-1114, as enacted by this act, elections held in 2018 shall be conducted using the random selection process previously determined by the State Board of Elections and Ethics Enforcement for all primaries and elections in 2018. No further drawing shall be conducted for any ballot item for the 2018 election."

Session Laws 2018-131, 1st Ex. Sess., s. 1(b), provides: "This section is effective when it becomes law [August 4, 2018] and applies to ballots used in the 2018 general election and thereafter. No numerical order or other reference of order for referenda, by category or within a category, shall appear on the 2018 general election ballot. Any captions adopted by the Constitutional Amendments Publication Commission pursuant to G.S. 147-54.10(a) prior to this bill becoming law are null and void and shall not appear on the ballot used in the 2018 general election."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, ss. 31.1, 32.1, effective January 1, 2014, added "beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election" in subdivision (d)(1); and rewrote subsection (e).

Session Laws 2014-111, s. 2, effective August 6, 2014, in subsection (c), inserted "and Nonpartisan" in the subsection heading, substituted "(i) primary ballot item, whether the primary is partisan or nonpartisan, and (ii) in any nonpartisan general election ballot item under Article 25 of this Chapter" for "primary ballot item" in the first sentence and added the second sentence.

Session Laws 2015-66, s. 4, effective June 11, 2015, added subdivision (b)(6).

Session Laws 2016-109, s. 3, effective July 22, 2016, added subsection (d1). See editor's note for applicability.

Session Laws 2016-109, s. 4(a), effective July 22, 2016, added the last sentence in subdivision (g)(1). See editor's note for applicability.

Session Laws 2018-13, s. 3.6, effective June 20, 2018, inserted the second sentence in subdivision (b)(4).

Session Laws 2018-99, s. 1, rewrote subsection (c), and deleted subsections (d), and (e). For effective date and applicability, see editor's note.

Session Laws 2018-131, 1st Ex. Sess., s. 1(a), in subsection (h), added "Without referencing a numerical order or other reference of order by category or within a category," at the beginning, made a related stylistic change, and rewrote the second sentence of subdivision (h)(1). For effective date and applicability, see editor's note.

Legal Periodicals. - For article, "Think Small: The Future of Public Financing After Arizona Free Enterprise," see 47 Wake Forest L. Rev. 413 (2012).

§ 163-165.7. Voting systems: powers and duties of State Board.

1. (Effective until December 1, 2019, for certain counties - see note) Only voting systems that have been certified by the State Board of Elections in accordance with the procedures set forth by the State Board of Elections and subject to the standards set forth in this section and that have not been subsequently decertified shall be permitted for use in elections in this State. Those certified voting systems shall be valid in any election held in the State or in any county, municipality, or other electoral district in the State. Subject to all other applicable rules adopted by the State Board of Elections and, with respect to federal elections, subject to all applicable federal regulations governing voting systems, paper ballots marked by the voter and counted by hand shall be deemed a certified voting system. The State Board of Elections shall certify optical scan voting systems, optical scan with ballot markers voting systems, and direct record electronic voting systems if any of those systems meet all applicable requirements of federal and State law. The State Board may certify voting systems only if they meet the requirements set forth in this section and only if they generate either a paper ballot or a paper record by which voters may verify their votes before casting them and which provides a backup means of counting the vote that the voter casts. Those voting systems may include optical scan and direct record electronic (DRE) voting systems. Among other requirements as set by the State Board of Elections, the certification requirements shall require at least all of the following elements:
   1. That the vendor post a performance bond or letter of credit to cover damages resulting from defects in the voting system, expenses associated with State or federal decertification of the voting system, and to protect against the vendor's insolvency or financial inability to make State or federally mandated modifications or updates to the voting system. Damages may include, among other items, any costs of conducting a new county or statewide election attributable to those defects. The bond or letter of credit shall be maintained in the amount determined by the State Board as sufficient for the cost of a new statewide election or in the amount of ten million dollars ($10,000,000), whichever is greater.
   2. That the voting system comply with all federal requirements for voting systems.
   3. That the voting system must have the capacity to include in voting district returns the votes cast by voters outside of the precinct associated with that voter's voter registration.
   4. With respect to electronic voting systems, that the voting system generate a paper record of each individual vote cast, which paper record shall be maintained in a secure fashion and shall serve as a backup record for purposes of any hand-to-eye count, hand-to-eye recount, or other audit. Electronic systems that employ optical scan technology to count paper ballots shall be deemed to satisfy this requirement.
   5. With respect to DRE voting systems, that the paper record generated by the system be viewable by the voter before the vote is cast electronically, and that the system permit the voter to correct any discrepancy between the electronic vote and the paper record before the vote is cast.
   6. With respect to all voting systems using electronic means, that the vendor provide access to all of any information required to be placed in escrow by a vendor pursuant to G.S. 163-165.9A for review and examination by the State Board of Elections; the Department of Information Technology; the State chairs of each political party recognized under G.S. 163-96; the purchasing county; and designees as provided in subdivision (9) of subsection (f) of this section.
   7. That the vendor must quote a statewide uniform price for each unit of the equipment.
   8. That the vendor must separately agree with the purchasing county that if it is granted a contract to provide software for an electronic voting system but fails to debug, modify, repair, or update the software as agreed or in the event of the vendor having bankruptcy filed for or against it, the source code described in G.S. 163-165.9A(a) shall be turned over to the purchasing county by the escrow agent chosen under G.S. 163-165.9A(a)(1) for the purposes of continuing use of the software for the period of the contract and for permitting access to the persons described in subdivision (6) of this subsection for the purpose of reviewing the source code.

As part of the certification requirements, the State Board of Elections shall address the mandatory terms of the contract for the purchase of the voting system and the maintenance and training related to that voting system.

1. (Effective June 20, 2018, as to certain counties, and December 1, 2019, as to all other counties - see note) Only voting systems that have been certified by the State Board of Elections in accordance with the procedures set forth by the State Board of Elections and subject to the standards set forth in this section and that have not been subsequently decertified shall be permitted for use in elections in this State. Those certified voting systems shall be valid in any election held in the State or in any county, municipality, or other electoral district in the State. Subject to all other applicable rules adopted by the State Board of Elections and, with respect to federal elections, subject to all applicable federal regulations governing voting systems, paper ballots marked by the voter and counted by hand shall be deemed a certified voting system. The State Board of Elections shall certify optical scan voting systems, optical scan with ballot markers voting systems, and direct record electronic voting systems if any of those systems meet all applicable requirements of federal and State law. The State Board may certify voting systems only if they meet the requirements set forth in this section and only if they generate a paper ballot which provides a backup means of counting the vote that the voter casts. Those voting systems may include optical scan and direct record electronic (DRE) voting systems that produce a paper ballot. Among other requirements as set by the State Board of Elections, the certification requirements shall require at least all of the following elements:
   1. That the vendor post a performance bond or letter of credit to cover damages resulting from defects in the voting system, expenses associated with State or federal decertification of the voting system, and to protect against the vendor's insolvency or financial inability to make State or federally mandated modifications or updates to the voting system. Damages may include, among other items, any costs of conducting a new county or statewide election attributable to those defects. The bond or letter of credit shall be maintained in the amount determined by the State Board as sufficient for the cost of a new statewide election or in the amount of ten million dollars ($10,000,000), whichever is greater.
   2. That the voting system comply with all federal requirements for voting systems.
   3. That the voting system must have the capacity to include in voting district returns the votes cast by voters outside of the precinct associated with that voter's voter registration.
   4. With respect to electronic voting systems, that the voting system generate a paper ballot of each individual vote cast, which paper ballot shall be maintained in a secure fashion and shall serve as a backup record for purposes of any hand-to-eye count, hand-to-eye recount, or other audit. Electronic systems that employ optical scan technology to count paper ballots shall be deemed to satisfy this requirement.
   5. With respect to DRE voting systems, that the paper ballot generated by the system be viewable by the voter before the vote is cast electronically, and that the system permit the voter to correct any discrepancy between the electronic vote and the paper ballot before the vote is cast.
   6. With respect to all voting systems using electronic means, that the vendor provide access to all of any information required to be placed in escrow by a vendor pursuant to G.S. 163-165.9A for review and examination by the State Board of Elections; the Department of Information Technology; the State chairs of each political party recognized under G.S. 163-96; the purchasing county; and designees as provided in subdivision (9) of subsection (f) of this section.
   7. That the vendor must quote a statewide uniform price for each unit of the equipment.
   8. That the vendor must separately agree with the purchasing county that if it is granted a contract to provide software for an electronic voting system but fails to debug, modify, repair, or update the software as agreed or in the event of the vendor having bankruptcy filed for or against it, the source code described in G.S. 163-165.9A(a) shall be turned over to the purchasing county by the escrow agent chosen under G.S. 163-165.9A(a)(1) for the purposes of continuing use of the software for the period of the contract and for permitting access to the persons described in subdivision (6) of this subsection for the purpose of reviewing the source code.
2. Federal Assistance. - The State Board may use guidelines, information, testing reports, certification, decertification, recertification, and any relevant data produced by the Election Assistance Commission, its Standards Board, its Board of Advisors, or the Technical Guidelines Development Committee as established in Title II of the Help America Vote Act of 2002 with regard to any action or investigation the State Board may take concerning a voting system. The State Board may use, for the purposes of voting system certification, laboratories accredited by the Election Assistance Commission under the provisions of section 231(2) of the Help America Vote Act of 2002.
3. Only electronic poll books or ballot duplication systems that have been certified by the State Board in accordance with procedures and subject to standards adopted by the State Board, or which have been developed or maintained by the State Board, shall be permitted for use in elections in this State. Among other requirements as set by the State Board, the certification requirements shall require that a vendor meet at least all of the following elements:
   1. That the vendor post a bond or letter of credit to cover damages resulting from defects in the electronic poll book or ballot duplication system. Damages may include, among other items, any costs of conducting a new election attributable to those defects.
   2. That the vendor provide access to all of any information required to be placed in escrow by a vendor pursuant to G.S. 163-165.9A for review and examination by the State Board, the Department of Information Technology, the State chairs of each political party recognized under G.S. 163-90, the purchasing county, and designees as provided in subdivision (9) of subsection (f) of this section.
   3. That the vendor must quote a statewide uniform price for each unit of the equipment.
   4. That the vendor must separately agree with the purchasing county that if it is granted a contract to provide software for an electronic poll books or ballot duplication system but fails to debug, modify, repair, or update the software as agreed or, in the event of the vendor having bankruptcy filed for or against it, the source code described in G.S. 163-165.9A(a) shall be turned over to the purchasing county by the escrow agent chosen under G.S. 163-165.9A(a)(1) for the purposes of continuing use of the software for the period of the contract and for permitting access to the persons described in subdivision (2) of this subsection for the purpose of reviewing the source code.
4. The State Board may also, upon notice and hearing, decertify types, makes, and models of voting systems. Upon decertifying a type, make, or model of voting system, the State Board shall determine the process by which the decertified system is discontinued in any county. A county may appeal a decision by the State Board concerning the process by which the decertified system is discontinued in that county to the Superior Court of Wake County. The county has 30 days from the time it receives notice of the State Board's decision on the process by which the decertified system is discontinued in that county to make that appeal.
5. Prior to certifying a voting system, the State Board of Elections shall review, or designate an independent expert to review, all source code made available by the vendor pursuant to this section and certify only those voting systems compliant with State and federal law. At a minimum, the State Board's review shall include a review of security, application vulnerability, application code, wireless security, security policy and processes, security/privacy program management, technology infrastructure and security controls, security organization and governance, and operational effectiveness, as applicable to that voting system. Any portion of the report containing specific information related to any trade secret as designated pursuant to G.S. 132-1.2 shall be confidential and shall be accessed only under the rules adopted pursuant to subdivision (9) of subsection (f) of this section. The State Board may hear and discuss the report of any such review under G.S. 143-318.11(a)(1).
6. (Effective until December 1, 2019 - see note) Subject to the provisions of this Chapter, the State Board of Elections shall prescribe rules for the adoption, handling, operation, and honest use of certified voting systems, including all of the following:
   1. Procedures for county boards of elections to utilize when recommending the purchase of a certified voting system for use in that county.
   2. Form of official ballot labels to be used on voting systems.
   3. Operation and manner of voting on voting systems.
   4. Instruction of precinct officials in the use of voting systems.
   5. Instruction of voters in the use of voting systems.
   6. Assistance to voters using voting systems.
   7. Duties of custodians of voting systems.
   8. Examination and testing of voting systems in a public forum in the county before and after use in an election.
   9. Notwithstanding G.S. 132-1.2, procedures for the review and examination of any information placed in escrow by a vendor pursuant to G.S. 163-165.9A by only the following persons:
      1. State Board of Elections.
      2. Department of Information Technology.
      3. The State chairs of each political party recognized under G.S. 163-96.
      4. The purchasing county.
   10. With respect to electronic voting systems, procedures to maintain the integrity of both the electronic vote count and the paper record. Those procedures shall at a minimum include procedures to protect against the alteration of the paper record after a machine vote has been recorded and procedures to prevent removal by the voter from the voting enclosure of any paper record or copy of an individually voted ballot or of any other device or item whose removal from the voting enclosure could permit compromise of the integrity of either the machine count or the paper record.
   11. Compliance with section 301 of the Help America Vote Act of 2002.
7. (Effective December 1, 2019 - see note) Subject to the provisions of this Chapter, the State Board of Elections shall prescribe rules for the adoption, handling, operation, and honest use of certified voting systems, including all of the following:
   1. Procedures for county boards of elections to utilize when recommending the purchase of a certified voting system for use in that county.
   2. Form of official ballot labels to be used on voting systems.
   3. Operation and manner of voting on voting systems.
   4. Instruction of precinct officials in the use of voting systems.
   5. Instruction of voters in the use of voting systems.
   6. Assistance to voters using voting systems.
   7. Duties of custodians of voting systems.
   8. Examination and testing of voting systems in a public forum in the county before and after use in an election.
   9. Notwithstanding G.S. 132-1.2, procedures for the review and examination of any information placed in escrow by a vendor pursuant to G.S. 163-165.9A by only the following persons:
      1. State Board of Elections.
      2. Department of Information Technology.
      3. The State chairs of each political party recognized under G.S. 163-96.
      4. The purchasing county
   10. With respect to electronic voting systems, procedures to maintain the integrity of both the electronic vote count and the paper ballot. Those procedures shall at a minimum include procedures to protect against the alteration of the paper ballot after a machine vote has been recorded and procedures to prevent removal by the voter from the voting enclosure of any individually voted paper ballot or of any other device or item whose removal from the voting enclosure could permit compromise of the integrity of either the machine count or the paper ballot.
   11. Compliance with section 301 of the Help America Vote Act of 2002.
8. The State Board of Elections shall facilitate training and support of the voting systems utilized by the counties. The training may be conducted through the use of videoconferencing or other technology.
9. Neither certification of electronic poll books, ballot duplication systems, or voting systems under this section shall constitute a license under Chapter 150B of the General Statutes.
10. The State Board in writing may decertify or otherwise halt the use of electronic poll books in North Carolina. Any such action is appealable only to the Superior Court of Wake County.
11. No voting system used in any election in this State shall be connected to a network, and any feature allowing connection to a network shall be disabled. Prohibited network connections include the Internet, intranet, fax, telephone line, networks established via modem, or any other wired or wireless connection.

As part of the certification requirements, the State Board of Elections shall address the mandatory terms of the contract for the purchase of the voting system and the maintenance and training related to that voting system.

Each person listed in sub-subdivisions a. through d. of this subdivision may designate up to three persons as that person's agents to review and examine the information. No person shall designate under this subdivision a business competitor of the vendor whose proprietary information is being reviewed and examined. For purposes of this review and examination, any designees under this subdivision and the State party chairs shall be treated as public officials under G.S. 132-2.

Each person listed in sub-subdivisions a. through d. of this subdivision may designate up to three persons as that person's agents to review and examine the information. No person shall designate under this subdivision a business competitor of the vendor whose proprietary information is being reviewed and examined. For purposes of this review and examination, any designees under this subdivision and the State party chairs shall be treated as public officials under G.S. 132-2.

History

(2001-460, s. 3; 2003-226, s. 11; 2005-323, s. 1(a)-(d); 2006-264, s. 76(a); 2007-391, s. 6(d); 2008-187, s. 33(b); 2009-541, s. 19; 2013-381, s. 30.3; 2015-103, ss. 6(b), 10, 11(a); 2015-241, s. 7A.4(gg); 2016-109, s. 9(b); 2017-6, s. 3; 2018-13, ss. 3.6A, 3.7(a), 3.8(a), 3.11(b); 2018-146, ss. 3.1(a), (b), 4.5(f).)

Instant Runoff Voting Pilot Program - Session Laws 2006-192, s. 1(a) and (b), provides: "(a) The State Board of Elections shall select local jurisdictions in which to conduct a pilot program during the 2007 and 2008 elections for local offices using instant runoff voting. The State Board shall select:

"(1) Up to 10 cities for the 2007 elections.

"(2) Up to 10 counties for the 2008 elections.

"In selecting those local jurisdictions, the State Board shall seek diversity of population size, regional location, and demographic composition. The pilot shall be conducted only with the concurrence of the county board of elections that conducts elections for the local jurisdiction. If a city is selected that has voters in more than one county, the concurrence of all the county boards of elections that conduct that city's elections is required. The pilot program shall consist of using instant runoff voting as the method for determining the winner or winners of a partisan primary or a nonpartisan election that normally uses nonpartisan election and runoff or nonpartisan primary and election. Instant runoff voting may also be used to determine results in an election where nonpartisan plurality elections are normally used, but only if the governing board of the local jurisdiction concurs.

"As used in this section, 'instant runoff voting' means a system in which voters rank up to three of the candidates by order of preference, first, second, or third. If the candidate with the most first-choice votes receives the threshold of victory of the first-choice votes, that candidate wins. If no candidate receives the threshold of victory of first-choice votes, the two candidates with the greatest number of first-choice votes advance to a second round of counting. In this round, each ballot counts as a vote for whichever of the two final candidates is ranked highest by the voter. The candidate with the most votes in the second round wins the election.

"The threshold of victory of first-choice votes for a partisan primary shall be forty percent (40%) plus one vote. The threshold of victory for a nonpartisan election and runoff or nonpartisan primary and election shall be a majority of the vote. The threshold of victory in a contest that normally uses nonpartisan plurality shall be determined by the State Board with the concurrence of the county board of elections and the local governing board.

"If more than one seat is to be filled in the same race, the voter votes the same way as if one seat were to be filled. The counting is the same as when one seat is to be filled, with one or two rounds as needed, except that counting is done separately for each seat to be filled. The first counting results in the first winner. Then the second count proceeds without the name of the first winner. This process results in the second winner. For each additional seat to be filled, an additional count is done without the names of the candidates who have already won.

"Other details of instant runoff voting are as described in House Bill 1024 (First Edition) of the 2005 Regular Session of the General Assembly, with modifications the State Board deems necessary, in primaries and/or elections for city offices, for county offices, or for both. Those modifications may include giving the voter more than three choices in case of multi-seat contests. The State Board shall not use instant runoff voting in a primary or election for an office unless the entire electorate for the office uses the same method.

"(b) The State Board of Elections shall closely monitor the pilot program established in this section and report its findings and recommendations to the 2007 General Assembly."

Session Laws 2008-150, s. 3(a), as amended by Session Laws 2009-541, s. 30(a), provides: "The State Board of Elections is authorized to select elections for offices of local government in which to use instant runoff voting in up to 10 local jurisdictions in each of the following years: 2009, 2010, and 2011. The selection of jurisdictions and administration of instant runoff voting shall follow the provisions of Section 1(a) of Session Law 2006-192, except that the local governing board that is the subject of the election must approve participation in the pilot and must hold at least one public hearing on the pilot before approving it, with notice of the hearing published at least 10 days before the hearing. The local governing board also must agree to cooperate with the county board of elections and the Board in the development and implementation of a plan to educate candidates and voters about how to use the runoff voting method. In a multiseat contest, the Board shall modify the method used for instant runoff voting in single-seat contests to apply its essential principles suitably to that election. In the case of a board of education election where the 'local governing board' must be asked to authorize instant runoff voting because nonpartisan plurality elections are normally used, the 'local governing board' is the board of education itself. If instant runoff voting is used in place of the nonpartisan election and runoff method as described in G.S. 163-293, the county board of elections, with the approval of the local governing board, may hold the election on the first Tuesday after the first Monday in November. The State Board of Elections, in consultation with the School of Government at the University of North Carolina, shall by January 1, 2009, develop for the pilot program authorized in this section goals, standards consistent with general election law, and criteria for implementation and evaluation. The pilot program shall be conducted according to those goals, standards, and criteria. The term 'ranked choice voting' shall have the same meaning as, and may be used as a substitute for, the term 'instant runoff voting' in describing the pilot."

Session Laws 2009-541, s. 30(b), provides: "This section is effective when it becomes law. The requirement for holding a public hearing applies only to primaries and elections held on and after January 1, 2010, but a local governing board may give notice of and conduct a public hearing to satisfy the requirement before January 1, 2010."

Editor's Note. - This section was recodified as now former G.S. 163A-1115 by Session Laws 2017-6, s. 3. Former G.S. 163A-1115 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 6(f), as amended by Session Laws 2008-187, s. 33(b), provides in part: "Subsections 6(b) through 6(e) of this section become effective January 1, 2008."

Session Laws 2007-391, s. 6(g), provides: "This section becomes effective only if any funds necessary to implement it are appropriated." Funds were appropriated in Session Laws 2007-323, s. 25.1(a)(1).

Session Laws 2013-381, s. 30.8, as amended by Session Laws 2015-103, s. 6(a), Session Laws 2018-13, s. 3.11(a), and Session Laws 2019-177, s. 10.1(a), provides: "Any direct record electronic (DRE) voting systems currently certified by the State Board of Elections and Ethics Enforcement which do not use paper ballots shall be decertified and shall not be used in any election held on or after December 1, 2019. Decertification of a DRE voting system that does not use paper ballots may not be appealed to the Superior Court of Wake County pursuant to G.S. 163A-1115(d)."

Session Laws 2013-381, s. 30.9, as amended by Session Laws 2015-103, s. 6(b), Session Laws 2018-13, s. 3.11(b), and Session Laws 2019-177, s. 10.1(b), provides: "This Part becomes effective December 1, 2019, for counties that use direct record electronic voting machines."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2015-103, s. 10, and Session Laws 2015-241, s. 7A.4(gg) both amended this section in the coded bill drafting format provided by G.S. 120-20.1. Session Laws 2015-103, s. 10, deleted the next-to-last sentence in the first paragraph of subsection (a) by striking through the language of that sentence. However, the act failed to account for the amendment made by Session Laws 2015-241, s. 7A.4(gg), which had substituted "Department of Information Technology" for "Office of Information Technology Services" in that sentence. Pursuant to the conforming authority provided in Session Laws 2015-241, s. 7A.3, the words "Department" and "Technology" have been deleted at the direction of the Revisor of Statutes.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-109, s. 9(c), provides: "Until January 1, 2020, the State Board of Elections shall report for each voter registration the current voting precinct and the 2010 Census Bureau voting tabulation district."

Session Laws 2016-109, s. 9(d), made the amendment to subsection (a) of this section by Session Laws 2016-109, s. 9(b), applicable to elections conducted on or after September 1, 2016 and contracts awarded on or after September 1, 2016.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made the amendment of subdivision (a)(1) of this section by Session Laws 2018-13, ss. 3.6A, 3.7(a), and 3.8(a), effective June 20, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-239, s. 3(a), provides: "Notwithstanding Section 3.11 of S.L. 2018-13, the State Board of Elections (State Board) may authorize, upon such terms and conditions as the State Board deems appropriate, a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied:

"(1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county.

"(2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections.

"(3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9."

Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-239, s. 5.14, is a severability clause.

Effect of Amendments. - Session Laws 2003-226, s. 11, effective January 1, 2006, and applicable with respect to all primaries and elections held on or after that date, in the first paragraph, inserted the third and fourth sentences; and added subdivision (9).

Session Laws 2005-323, s. 1(a), effective August 1, 2005, and applicable to any voting systems upgraded or acquired on or after that date and to all voting systems used in the State during any election during or after 2006, rewrote the section.

Session Laws 2005-323, s. 1(b), effective August 26, 2005, repealed Session Laws 2003-26, s. 11, which amended this section effective January 1, 2006, and inserted the third and fourth sentences of the first paragraph and added subdivision (9).

Session Laws 2005-323, s. 1(c) and (d), effective January 1, 2006, added subsection (a1) and subdivision (d)(11).

Session Laws 2006-264, s. 76(a), effective August 27, 2006, rewrote the last paragraph of subsection (a).

Session Laws 2007-391, s. 6(d), effective January 1, 2008, substituted "voting tabulation district" for "precint" twice in subdivision (a)(3).

Session Laws 2009-541, s. 19, effective August 28, 2009, added the last sentence in subsection (e).

Session Laws 2013-381, s. 30.3, in subsection (a), substituted "a paper ballot" for "either a paper ballot or a paper record by which voters may verify their votes before casting them and" in the fifth sentence, and added "that produce a paper ballot" in the sixth sentence; substituted "ballot" for "record" throughout subdivisions (a)(4), (a)(5), and (d)(10); and substituted "individually voted paper" for "paper record or copy of an individually voted" in subdivision (d)(10). For effective date and applicability, see editor's note.

Session Laws 2015-103, s. 10, effective June 22, 2015, in the first paragraph of subsection (a), inserted "set forth by the State Board of Elections" in the first sentence, deleted "additional" following "certify" and "of the request for proposal process" preceding "set forth" in the fifth sentence, deleted the former next-to-last sentence which read: "In consultation with the Office of Information Technology Services, the State Board shall develop the requests for proposal subject to the provisions of this Chapter and other applicable State laws.", and substituted "requirements as set by the State Board of Elections, the certification requirements" for "requirements, the request for proposal" in the last sentence; substituted "may include" for "shall include" in the second sentence of subdivision (a)(1); substituted "As part of the certification requirements" for "In its request for proposal" in the present last paragraph of subsection (a); and deleted the former last paragraph of subsection (a), pertaining to voting systems acquired or upgraded by a county before August 1, 2005.

Session Laws 2015-103, s. 11(a), effective August 1, 2015, added subsection (a2).

Session Laws 2015-241, s. 7A.4(gg), effective September 18, 2015, substituted "Department of Information Technology" for "Office of Information Technology Services" in the next-to-the-last sentence in the first paragraph of subsection (a), and in subdivisions (a)(6) and (d)(9).

Session Laws 2016-109, s. 9(b), effective September 1, 2016, in subdivision (a)(3), deleted "tabulation" following "include in voting" and substituted "precinct associated with that voter's voter registration" for "voter's voting tabulation district as required by G.S. 163-132.5G." See editor's note for applicability.

Session Laws 2018-13, ss. 3.6A, 3.7(a), 3.8(a), in subdivision (a)(1), rewrote the first sentence, which read: "That the vendor post a bond or letter of credit to cover damages resulting from defects in the voting system.," in the second sentence, added "county or statewide," and added the last sentence; rewrote subsection (c); and added subsections (h) through (j). For effective date and applicability, see editor's note.

§ 163-165.8. Voting systems: powers and duties of board of county commissioners.

The board of county commissioners, with the approval of the county board of elections, may adopt and acquire only a voting system of a type, make, and model certified by the State Board of Elections for use in some or all voting places in the county at some or all elections.

The board of county commissioners may decline to adopt and acquire any voting system recommended by the county board of elections but may not adopt and acquire any voting system that has not been approved by the county board of elections. Article 8 of Chapter 143 of the General Statutes does not apply to the purchase of a voting system certified by the State Board of Elections.

History

(2001-460, s. 3; 2005-323, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1116 by Session Laws 2017-6, s. 3. Former G.S. 163A-1116 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2005-323, s. 3, effective August 1, 2005, substituted "acquire only" for "purchase or lease" and "certified" for "approved" in the first paragraph; and in the second paragraph, substituted "acquire" for "purchase or lease" twice in the first sentence, and added the second sentence.

§ 163-165.9. Voting systems: powers and duties of county board of elections.

1. Before approving the adoption and acquisition of any voting system by the board of county commissioners, the county board of elections shall do all of the following:
   1. Recommend to the board of county commissioners which type of voting system should be acquired by the county.
   2. Witness a demonstration, in that county or at a site designated by the State Board, of the type of voting system to be recommended and also witness a demonstration of at least one other type of voting system certified by the State Board.
   3. Test the voting system in at least one of the following ways:
      1. During an election, in at least one precinct in the county where the voting system would be used if adopted.
      2. During a simulated election, in accordance with standards established by the State Board.
2. After the acquisition of any voting system, the county board of elections shall comply with any requirements of the State Board of Elections regarding training and support of the voting system by completing all of the following:
   1. The county board of elections shall comply with all specifications of its voting system vendor for ballot printers. The county board of elections is authorized to contract with noncertified ballot printing vendors, so long as the noncertified ballot printing vendor meets all specifications and all quality assurance requirements as set by the State Board of Elections.
   2. The county board of elections shall annually maintain software license and maintenance agreements necessary to maintain the warranty of its voting system. A county board of elections may employ qualified personnel to maintain a voting system in lieu of entering into maintenance agreements necessary to maintain the warranty of its voting system. State Board of Elections is not required to provide routine maintenance to any county board of elections that does not maintain the warranty of its voting system. If the State Board of Elections provides any maintenance to a county that has not maintained the warranty of its voting system, the county shall reimburse the State for the cost. The State Board of Elections shall annually report to the House and Senate Committees on Appropriations, to the Fiscal Research Division, and to the Joint Legislative Commission on Governmental Operations on implementation of this subdivision. If requested by the county board of elections, the State Board may enter into contracts on behalf of that county under this subdivision, but such contracts must also be approved by the county board of elections. Any contract entered into under this subdivision shall be paid from non-State funds. Neither a county nor the State Board of Elections shall enter into any contract with any vendor for software license and maintenance agreements unless the vendor agrees to (i) operate a training program for qualification of county personnel under this subsection with training offered within the State of North Carolina and (ii) not dishonor warranties merely because the county is employing qualified personnel to maintain the voting system as long as the county:
      1. Pays the costs of the annual software licensing agreement for that county.
      2. Ensures that equipment (i) remains in full compliance with State certification requirements and (ii) remains in stock and supply available to the county for up to five years after the vendor discontinues distribution or sale of the equipment.
      3. Maintains a tracking record to record and timely report all hardware issues and all repairs and provides those records for review by the vendor and by the State Board of Elections.
      4. Provides that only parts provided by the vendor would be used to repair the vendor's equipment, contingent on (i) the county being able to purchase necessary parts in a timely manner from the vendor and (ii) the vendor providing the equipment at least at the lowest price at which it sells the equipment to any other customer in the United States.
      5. Accepts financial responsibility for expenses related to voting equipment failure during an election if the failure is caused solely by work of the county technician.
   3. The county board of elections shall not replace any voting system, or any portion thereof, without approval of the State Board of Elections.
   4. The county board of elections may have its voting system repaired pursuant to its maintenance agreement but shall notify the State Board of Elections at the time of every repair, according to guidelines that shall be provided by the State Board of Elections.

History

(2001-460, s. 3; 2005-323, s. 4; 2007-391, s. 25; 2008-187, s. 33(a); 2009-541, s. 20; 2011-145, s. 26.3(a); 2012-142, s. 23.3(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2019-239, s. 4(a).)

Editor's Note. - This section was recodified as now former G.S. 163A-1117 by Session Laws 2017-6, s. 3. Former G.S. 163A-1117 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2005-323, s. 10, provides, in part: "The requirement for testing a voting system in an election provided in G.S. 163-165.9(a)(3), as enacted in Section 4 of this act, does not apply to any voting system acquired before January 1, 2008, as long as the voting system is demonstrated in a public forum in the county. Notwithstanding G.S. 163-132.5G, as amended by this act, voting data by precinct shall be reported for the general elections of 2006 by March 1, 2007, and for the primary elections of 2006 by May 1, 2007."

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 25, which, in subsection (b), added "by completing all of the following" at the end of the introductory paragraph, and added subdivisions (b)(1) and (b)(2), is effective August 19, 2007.

Session Laws 2012-142, s. 23.3(b), provides: "In administering G.S. 163-165.9(b)(2), as amended by this section, the State Board of Elections shall work with all county boards of elections interested in obtaining certification for voting equipment maintenance technicians. The State Board of Elections shall work with the county boards of elections to develop a consensus estimate of the percentage of hardware maintenance previously provided by the vendor that will continue to be provided by the vendor rather than by the certified county technicians. In any contract entered into by either a county or the State Board of Elections on behalf of counties for voter equipment maintenance that includes certification of county technicians, the price paid for hardware maintenance agreements shall not exceed the equivalent of the consensus percentage multiplied by the number of machines multiplied by the price per machine paid to the vendor for hardware maintenance agreements for the 2011-2012 fiscal year."

Session Laws 2012-142, s. 23.3(c), made the amendments to G.S. 163-165.9(b)(2) by Session Laws 2012-142, s. 23.3(a), applicable to contracts entered into, modified, or extended on or after July 1, 2012.

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012- 2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2005-323, s. 4, designated the prior existing provisions of the section as subsection (a), and added subsection (b); and in subsection (a), in the introductory paragraph, substituted "acquisition" for "purchase or lease"; rewrote subdivision (1), in subdivision (2), inserted "type of" and substituted "to be recommended" for "by the proposed vendor or lessor" and "certified" for "approved," and inserted "voting" following "where the" in subdivision (3).

Session Laws 2007-391, s. 25, August 19, 2007, in subsection (b), added "by completing all of the following" at the end of the introductory paragraph, and added subdivisions (b)(1) and (b)(2).

Session Laws 2009-541, s. 20, effective August 28, 2009, added the last sentence in subdivision (b)(2); and added subdivisions (b)(3) and (b)(4).

Session Laws 2011-145, s. 26.3(a), effective July 1, 2011, in subdivision (b)(2), added the second sentence, and substituted "is not required to provide" for "shall not provide" in the third sentence.

Session Laws 2012-142, s. 23.3(a), effective July 1, 2012, added the last four sentences to subdivision (b)(2), and added sub-subdivisions (b)(2)a. through (b)(2)e. For applicability, see editor's note.

Session Laws 2019-239, s. 4(a), effective November 6, 2019, deleted "of Elections" following "State Board" twice in subdivision (a)(2); inserted "the voting system in at least one of the following ways" in the introductory language of subdivision (a)(3); added the subdivision (a)(3)a designation and deleted "the proposed voting system" preceding "in at least one" in present subdivision (a)(3)a; added subdivision (a)(3)b; and made related changes.

§ 163-165.9A. Voting systems: requirements for voting systems vendors; penalties.

1. Duties of Vendor. - Every vendor that has a contract to provide a voting system in North Carolina shall do all of the following:
   1. The vendor shall place in escrow with an independent escrow agent approved by the State Board of Elections all software that is relevant to functionality, setup, configuration, and operation of the voting system, including, but not limited to, a complete copy of the source and executable code, build scripts, object libraries, application program interfaces, and complete documentation of all aspects of the system including, but not limited to, compiling instructions, design documentation, technical documentation, user documentation, hardware and software specifications, drawings, records, and data. The State Board of Elections may require in its request for proposal that additional items be escrowed, and if any vendor that agrees in a contract to escrow additional items, those items shall be subject to the provisions of this section. The documentation shall include a list of programmers responsible for creating the software and a sworn affidavit that the source code includes all relevant program statements in low-level and high-level languages.
   2. The vendor shall notify the State Board of Elections of any change in any item required to be escrowed by subdivision (1) of this subsection.
   3. The chief executive officer of the vendor shall sign a sworn affidavit that the source code and other material in escrow is the same being used in its voting systems in this State. The chief executive officer shall ensure that the statement is true on a continuing basis.
   4. The vendor shall promptly notify the State Board of Elections and the county board of elections of any county using its voting system of any decertification of the same system in any state, of any defect in the same system known to have occurred anywhere, and of any relevant defect known to have occurred in similar systems.
   5. The vendor shall maintain an office in North Carolina with staff to service the contract.
2. Penalties. - Willful violation of any of the duties in subsection (a) of this section is a Class G felony. Substitution of source code into an operating voting system without notification as provided by subdivision (a)(2) of this section is a Class I felony. In addition to any other applicable penalties, violations of this section are subject to a civil penalty to be assessed by the State Board of Elections in its discretion in an amount of up to one hundred thousand dollars ($100,000) per violation. A civil penalty assessed under this section shall be subject to the provisions of G.S. 163-278.34(e).
3. Definitions. - For the purposes of this section, the term "voting system" shall include an electronic poll book or a ballot duplication system.

History

(2005-323, s. 2(a); 2017-6, s. 3; 2018-13, s. 3.7(b); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1118 by Session Laws 2017-6, s. 3. Former G.S. 163A-1118 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-13, s. 6, is a severability clause.

Session Laws 2018-13, s. 7, made subsection (c) of this section, as added by Session Laws 2018-13, s. 3.7(b), effective June 20, 2018, and applicable to elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2018-13, s. 3.7(b), added subsection (c). For effective date and applicability, see editor's note.

§ 163-165.10. Adequacy of voting system for each precinct.

The county board of elections shall make available for each precinct voting place an adequate quantity of official ballots or equipment. When the board of county commissioners has decided to adopt and purchase or lease a voting system for voting places under the provisions of G.S. 165-165.8 [G.S. 163-165.8], the board of county commissioners shall, as soon as practical, provide for each of those voting places sufficient equipment of the approved voting system in complete working order. If it is impractical to furnish each voting place with the equipment of the approved voting system, that which has been obtained may be placed in voting places chosen by the county board of elections. In that case, the county board of elections shall choose the voting places and allocate the equipment in a way that as nearly as practicable provides equal access to the voting system for each voter. The county board of elections shall appoint as many voting system custodians as may be necessary for the proper preparation of the system for each election and for its maintenance, storage, and care. The Executive Director of the State Board of Elections may permit a county board of elections to provide more than one type of voting system in a precinct, but only upon a finding that doing so is necessary to comply with federal or State law.

History

(2001-460, s. 3; 2005-428, s. 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1119 by Session Laws 2017-6, s. 3. Former G.S. 163A-1119 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

The bracketed reference to "[G.S. 163-165.8]" has been inserted at the direction of the Revisor of Statutes.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

PART 3. PROCEDURES AT THE VOTING PLACE.

§ 163-166: Repealed by Session Laws 1997-443, s. 31.

§ 163-166.01. Hours for voting.

In every election, the voting place shall be open at 6:30 A.M. and shall be closed at 7:30 P.M. If the polls are delayed in opening for more than 15 minutes, or are interrupted for more than 15 minutes after opening, the State Board of Elections may extend the closing time by an equal number of minutes. As authorized by law, the State Board of Elections shall be available either in person or by teleconference on the day of election to approve any such extension. If any voter is in line to vote at the time the polls are closed, that voter shall be permitted to vote. No voter shall be permitted to vote who arrives at the voting place after the closing of the polls.

Any voter who votes after the statutory poll closing time of 7:30 P.M. by virtue of a federal or State court order or any other lawful order, including an order of a county board of elections, shall be allowed to vote, under the provisions of that order, only by using a provisional official ballot. Any special provisional official ballots cast under this section shall be separated, counted, and held apart from other provisional ballots cast by other voters not under the effect of the order extending the closing time of the voting place. If the court order has not been reversed or stayed by the time of the county canvass, the total for that category of provisional ballots shall be added to the official canvass.

History

(2001-460, s. 3; 2003-226, s. 14; 2013-381, s. 33.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1130 by Session Laws 2017-6, s. 3. Former G.S. 163A-1130 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2001-460, s. 3, enacted this section as G.S. 163-166; it was recodified as G.S. 163-166.01 at the direction of the Revisor of Statutes. Former G.S. 163-166, which was formerly codified under Article 14, had been repealed by Session Laws 1997-443, s. 31.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 33.1, effective January 1, 2014, in the first paragraph, deleted the former second sentence, which read "In extraordinary circumstances, the county board of elections may direct that the polls remain open until 8:30 P.M." and added the present second and third sentences.

§ 163-166.1. Duties of county board of elections.

The county board of elections shall:

1. Provide for the timely delivery to each voting place of the supplies, records, and equipment necessary for the conduct of the election.
2. Ensure that adequate procedures are in place at each voting place for a safe, secure, fair, and honest election.
3. Respond to precinct officials' questions and problems where necessary.
4. Provide adequate technical support for the voting system, which shall be done in conjunction with the State Board of Elections.

History

(2001-460, s. 3; 2009-541, s. 21; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1131 by Session Laws 2017-6, s. 3. Former G.S. 163A-1131 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2009-541, s. 21, effective August 28, 2009, added subdivision (4).

§ 163-166.2. Arrangement of the voting enclosure.

Each voting enclosure shall contain at a minimum:

1. A sufficient number of private spaces for all voters to mark their official ballots in secrecy.
2. Adequate space and furniture for the separate functions of:
   1. The checking of voter registration records.
   2. The distribution of official ballots.
   3. Private discussion with voters concerning irregular situations.
3. A telephone or some facility for communication with the county board of elections.

The equipment and furniture in the voting enclosure shall be arranged so that it can be generally seen from the public space of the enclosure.

History

(2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1132 by Session Laws 2017-6, s. 3. Former G.S. 163A-1132 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-166.3. Limited access to the voting enclosure.

1. Persons Who May Enter Voting Enclosure. - During the time allowed for voting in the voting place, only the following persons may enter the voting enclosure:
   1. An election official.
   2. An observer appointed pursuant to G.S. 163-45.
   3. A runner appointed pursuant to G.S. 163-45, but only to the extent necessary to announce that runner's presence and to receive the voter list as provided in G.S. 163-45.
   4. A person seeking to vote in that voting place on that day but only while in the process of voting or seeking to vote.
   5. A voter in that precinct while entering or explaining a challenge pursuant to G.S. 163-87 or G.S. 163-88.
   6. A person authorized under G.S. 163-166.8 to assist a voter but, except as provided in subdivision (7) of this section, only while assisting that voter.
   7. Minor children of the voter under the age of 18, or minor children under the age of 18 in the care of the voter, but only while accompanying the voter and while under the control of the voter.
   8. Persons conducting or participating in a simulated election within the voting place or voting enclosure, if that simulated election is approved by the county board of elections.
   9. Any other person determined by election officials to have an urgent need to enter the voting enclosure but only to the extent necessary to address that need.
2. 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. 163-227.2, 163-227.5, and 163-227.6. 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.
3. Photographing Voted Ballot Prohibited. - No person shall photograph, videotape, or otherwise record the image of a voted official ballot for any purpose not otherwise permitted under law.

History

(2001-460, s. 3; 2005-428, s. 1(b); 2007-391, s. 23; 2008-187, s. 33(a); 2017-6, s. 3; 2018-144, s. 3.4(b); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1133 by Session Laws 2017-6, s. 3. Former G.S. 163A-1133 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 23, which rewrote this section, is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Effect of Amendments. - Session Laws 2005-428, s. 1(b), effective January 1, 2006, and applicable to all primaries and elections held on or after that date, added subdivision (2a).

Session Laws 2007-391, s. 23, effective August 19, 2007, designated the former section as present subsection (a) and added subsections (b) and (c); in subsection (a), added the subsection catchline.

Session Laws 2018-144, s. 3.4(b), effective December 19, 2018, in subsection (b), deleted "163A-1301" following "G.S. 163A-1300"; and made a minor stylistic change.

Opinions of Attorney General

Editor's Note. - The opinion below was decided under prior similar law.

Use of Video Cameras and Cellular Telephones by Observers. - Videotaping of voters by observers designated by a political party is outside their permissible statutory activities and is inconsistent with the right of voters to vote by secret ballot, but the discreet use of cellular phones is permissible. See opinion of Attorney General to Gary O. Bartlett, Executive Secretary-Director, State Board of Elections, 1998 N.C.A.G. 43 (10/22/98).

§ 163-166.4. Limitation on activity in the voting place and in a buffer zone around it.

1. Buffer Zone. - No person or group of persons shall hinder access, harass others, distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity in the voting place or in a buffer zone which shall be prescribed by the county board of elections around the voting place. In determining the dimensions of that buffer zone for each voting place, the county board of elections shall, where practical, set the limit at 50 feet from the door of entrance to the voting place, measured when that door is closed, but in no event shall it set the limit at more than 50 feet or at less than 25 feet.
2. Area for Election-Related Activity. - Except as provided in subsection (c) of this section, the county board of elections shall also provide an area adjacent to the buffer zone for each voting place in which persons or groups of persons may distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity.
3. Special Agreements About Election-Related Activity. - The Executive Director of the State Board of Elections may grant special permission for a county board of elections to enter into an agreement with the owners or managers of a nonpublic building to use the building as a voting place on the condition that election-related activity as described in subsection (b) of this section not be permitted on their property adjacent to the buffer zone, if the Executive Director finds all of the following:
   1. That no other suitable voting place can be secured for the precinct.
   2. That the county board will require the chief judge of the precinct to monitor the grounds around the voting place to ensure that the restriction on election-related activity shall apply to all candidates and parties equally.
   3. That the pattern of voting places subject to agreements under this subsection does not disproportionately favor any party, racial or ethnic group, or candidate.
   4. That the county board has attempted to secure as a term of the agreement at least 36 hours prior to the opening of the voting place and at least 36 hours after the close of the voting place, as provided in G.S. 163-166.01, for candidates to place and retrieve political advertising. The agreement may also provide that any political advertising placed outside the times specified in this subsection may be removed by the property owner.
4. Notice About Buffer Zone and Area for Election-Related Activity. - No later than 30 days before each election, the county board of elections shall make available to the public the following information concerning each voting place:
   1. The door from which the buffer zone is measured.
   2. The distance the buffer zone extends from that door.
   3. Any available information concerning where political activity, including sign placement, is permitted beyond the buffer zone.
5. 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. 163-227.2, 163-227.5, and 163-227.6.
   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.

An agreement under this subsection shall be valid for as long as the nonpublic building is used as a voting place.

History

(2001-460, s. 3; 2003-365, s. 1; 2007-391, s. 13; 2008-187, s. 33(a); 2009-541, s. 22(a); 2017-6, s. 3; 2018-144, s. 3.4(c); 2018-146, s. 3.1(a), (b); 2019-119, s. 1.5(b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1134 by Session Laws 2017-6, s. 3. Former G.S. 163A-1134 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 13, which added subsection (d), is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Effect of Amendments. - Session Laws 2003-365, s. 1, effective January 1, 2004, rewrote the section.

Session Laws 2007-391, effective August 19, 2007, s. 13, added subsection (d).

Session Laws 2009-541, s. 22(a), effective January 1, 2010, and applicable to primaries and elections held on and after that date, in subsection (a), redesignated the former second paragraph as present subsection (a1) and deleted "and Adjacent Area for Election-Related Activity" at the end of the subsection (a) heading; in present subsection (a1), inserted the subsection heading and substituted "subsection (b) of the section" for "subsection (b)"; added "and Area for Election-Related Activity" at the end of the subsection (c) heading; and rewrote subsection (d).

Session Laws 2018-144, s. 3.4(c), effective December 19, 2018, in subsection (e), deleted "163A-1301" following "G.S. 163A-1300"; and made a minor stylistic change.

Session Laws 2019-119, s. 1.5(b), effective December 1, 2019, added subdivision (c)(4).

§ 163-166.5. Procedures at voting place before voting begins.

The State Board of Elections shall promulgate rules for precinct officials to set up the voting place before voting begins. Those rules shall emphasize:

1. Continual participation or monitoring by officials of more than one party.
2. Security of official ballots, records, and equipment.
3. The appearance as well as the reality of care, efficiency, impartiality, and honest election administration.

The county boards of elections and precinct officials shall adhere to those procedures.

History

(2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1135 by Session Laws 2017-6, s. 3. Former G.S. 163A-1135 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-166.6. Designation of tasks.

The State Board of Elections shall promulgate rules for the delegation of tasks among the election officials at each precinct. Those rules shall emphasize:

1. The need to place primary managerial responsibility upon the chief judge.
2. The need to have maximum multiparty participation in all duties where questions of partisan partiality might be raised.
3. The need to provide flexibility of management to the county board of elections and to the chief judge, in consideration of different abilities of officials, the different availability of officials, and the different needs of voters precinct by precinct.

History

(2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1136 by Session Laws 2017-6, s. 3. Former G.S. 163A-1136 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-166.7. Voting procedures.

1. 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. 163-166.16. 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.
2. Distribution of Official Ballots. - If the voter is found to be duly registered and has not been successfully challenged, the official assigned to distribute the official ballots shall hand the voter the official ballot that voter is entitled to vote, or that voter shall be directed to the voting equipment that contains the official ballot. No voter in a primary shall be permitted to vote in more than one party's primary. The precinct officials shall provide the voter with any information the voter requests to enable that voter to vote as that voter desires.
3. The State Board of Elections shall promulgate rules for the process of voting. Those rules shall emphasize the appearance as well as the reality of dignity, good order, impartiality, and the convenience and privacy of the voter. Those rules, at a minimum, shall include procedures to ensure that all the following occur:
   1. The voting system remains secure throughout the period voting is being conducted.
   2. Only properly voted official ballots are introduced into the voting system.
   3. Except as provided by G.S. 163-166.9, no official ballots leave the voting enclosure during the time voting is being conducted there. The rules shall also provide that during that time no one shall remove from the voting enclosure any paper record or copy of an individually voted ballot or of any other device or item whose removal from the voting enclosure could permit compromise of the integrity of either the machine count or the paper record.
   4. All improperly voted official ballots are returned to the precinct officials and marked as spoiled.
   5. Voters leave the voting place promptly after voting.
   6. Voters not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.
   7. Information gleaned through the voting process that would be helpful to the accurate maintenance of the voter registration records is recorded and delivered to the county board of elections.
   8. The registration records are kept secure. The State Board of Elections shall permit the use of electronic registration records in the voting place in lieu of or in addition to a paper pollbook or other registration record.
   9. Party observers are given access as provided by G.S. 163-45 to current information about which voters have voted.
   10. The voter, before voting, shall sign that voter's name on the pollbook, other voting record, or voter authorization document. If the voter is unable to sign, a precinct official shall enter the person's name on the same document before the voter votes.

History

(2001-460, s. 3; 2003-226, s. 14.1; 2005-323, s. 1(a1); 2005-428, s. 12; 2013-381, ss. 2.5, 30.4; 2015-103, s. 6(b); 2017-6, s. 3; 2018-13, s. 3.11(b); 2018-144, s. 1.4(a); 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-166.7. Voting procedures.

1. 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. 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.
2. Distribution of Official Ballots. - If the voter is found to be duly registered and has not been successfully challenged, the official assigned to distribute the official ballots shall hand the voter the official ballot that voter is entitled to vote, or that voter shall be directed to the voting equipment that contains the official ballot. No voter in a primary shall be permitted to vote in more than one party's primary. The precinct officials shall provide the voter with any information the voter requests to enable that voter to vote as that voter desires.
3. (Effective until January 1, 2018) The State Board of Elections shall promulgate rules for the process of voting. Those rules shall emphasize the appearance as well as the reality of dignity, good order, impartiality, and the convenience and privacy of the voter. Those rules, at a minimum, shall include procedures to ensure that all the following occur:
   1. The voting system remains secure throughout the period voting is being conducted.
   2. Only properly voted official ballots or paper records of individual voted ballots are introduced into the voting system.
   3. Except as provided by G.S. 163-166.9, no official ballots leave the voting enclosure during the time voting is being conducted there. The rules shall also provide that during that time no one shall remove from the voting enclosure any paper record or copy of an individually voted ballot or of any other device or item whose removal from the voting enclosure could permit compromise of the integrity of either the machine count or the paper record.
   4. All improperly voted official ballots or paper records of individual voted ballots are returned to the precinct officials and marked as spoiled.
   5. Voters leave the voting place promptly after voting.
   6. Voters not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.
   7. Information gleaned through the voting process that would be helpful to the accurate maintenance of the voter registration records is recorded and delivered to the county board of elections.
   8. The registration records are kept secure. The State Board of Elections shall permit the use of electronic registration records in the voting place in lieu of or in addition to a paper pollbook or other registration record.
   9. Party observers are given access as provided by G.S. 163-45 to current information about which voters have voted.
   10. The voter, before voting, shall sign that voter's name on the pollbook, other voting record, or voter authorization document. If the voter is unable to sign, a precinct official shall enter the person's name on the same document before the voter does.
4. (Effective January 1, 2018) The State Board of Elections shall promulgate rules for the process of voting. Those rules shall emphasize the appearance as well as the reality of dignity, good order, impartiality, and the convenience and privacy of the voter. Those rules, at a minimum, shall include procedures to ensure that all the following occur:
   1. The voting system remains secure throughout the period voting is being conducted.
   2. Only properly voted official ballots or paper records of individual voted ballots are introduced into the voting system.
   3. Except as provided by G.S. 163-166.9, no official ballots leave the voting enclosure during the time voting is being conducted there. The rules shall also provide that during that time no one shall remove from the voting enclosure any paper record or copy of an individually voted ballot or of any other device or item whose removal from the voting enclosure could permit compromise of the integrity of either the machine count or the paper record.
   4. All improperly voted official ballots or paper records of individual voted ballots are returned to the precinct officials and marked as spoiled.
   5. Voters leave the voting place promptly after voting.
   6. Voters not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.
   7. Information gleaned through the voting process that would be helpful to the accurate maintenance of the voter registration records is recorded and delivered to the county board of elections.
   8. The registration records are kept secure. The State Board of Elections shall permit the use of electronic registration records in the voting place in lieu of or in addition to a paper pollbook or other registration record.
   9. Party observers are given access as provided by G.S. 163-45 to current information about which voters have voted.
   10. The voter, before voting, shall sign that voter's name on the pollbook, other voting record, or voter authorization document. If the voter is unable to sign, a precinct official shall enter the person's name on the same document before the voter does.

Editor's Note. - This section was recodified as now former G.S. 163A-1137 by Session Laws 2017-6, s. 3. Former G.S. 163A-1137 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2005-323, s. 8, provides: "The State Board of Elections shall recommend a model code of ethics for members and employees of county boards of elections and of the State Board of Elections. The code shall address the appropriate relations between those members and staff and vendors who do business or seek to do business with boards of elections in North Carolina. It shall address how to avoid both the reality and the appearance of conflicts of interest and impropriety. The State Board shall report its recommended code to the Joint Select Committee on Electronic Voting Systems and to the Joint Legislative Commission on Governmental Operations no later than 60 days after this act becomes law."

Session Laws 2013-381, s. 1.1, provides: "Parts 1 through 6 of this act shall be known and cited as the Voter Information Verification Act." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, s. 1.1, effective December 19, 2018.

Session Laws 2013-381, s. 6.2(2), made the amendment to subsection (a) by Session Laws 2013-381, s. 2.5, applicable to primaries and elections conducted on or after January 1, 2016.

Session Laws 2013-381, s. 6.2(6), provides: "At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record."

Session Laws 2013-381, s. 30.8, as amended by Session Laws 2015-103, s. 6(a), Session Laws 2018-13, s. 3.11(a), and Session Laws 2019-177, s. 10.1(a), provides: "Any direct record electronic (DRE) voting systems currently certified by the State Board of Elections and Ethics Enforcement which do not use paper ballots shall be decertified and shall not be used in any election held on or after December 1, 2019. Decertification of a DRE voting system that does not use paper ballots may not be appealed to the Superior Court of Wake County pursuant to G.S. 163A-1115(d)."

Session Laws 2013-381, s. 30.9, as amended by Session Laws 2015-103, s. 6(b), Session Laws 2018-13, s. 3.11(b), and Session Laws 2019-177, s. 10.1(b), provides: "This Part becomes effective December 1, 2019, for counties that use direct record electronic voting machines."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Session Laws 2019-239, s. 3(a), provides: "Notwithstanding Section 3.11 of S.L. 2018-13, the State Board of Elections (State Board) may authorize, upon such terms and conditions as the State Board deems appropriate, a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied:

"(1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county.

"(2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections.

"(3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9."

Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-239, s. 5.14, is a severability clause.

Effect of Amendments. - Session Laws 2005-323, s. 1(a1), effective August 26, 2005, in subsection (c), inserted "or paper records of individual voted ballots" in subdivisions (2) and (4), and added the second sentence of subdivision (3).

Session Laws 2013-381, s. 2.5, added "and presenting photo identification in accordance with G.S. 163-166.13" in the third sentence of subsection (a). For applicability, see editor's note.

Session Laws 2013-381, s. 30.4, deleted "or paper records of individual voted ballots" following "official ballots" in subdivisions (c)(2) and (c)(4). For effective date and applicability, see editor's note.

Session Laws 2018-144, s. 1.4(a), effective December 19, 2018, in subsection (a), substituted "G.S. 163A-1145.1" for "G.S. 163A-1145" following "in accordance with."

§ 163-166.7A. Voter education and information.

1. Posting the Information. - For each election that involves candidates for federal or State office, each county board of elections shall post at each active voting place the following information in a manner and format approved by the State Board of Elections:
   1. A sample ballot as required by 163-165.2.
   2. The date of the election and the hours the voting place will be open.
   3. Instructions on how to vote, including how to cast a vote or correct a vote on the voting systems available for use in that voting place.
   4. Instructions on how to cast a provisional ballot.
   5. Instructions to mail-in registrants and first-time voters on how to comply with the requirements in section 303(b) of the Help America Vote Act of 2002 concerning voter identifications.
   6. General information on voting rights under applicable federal and State law, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if the voter believes those rights have been violated.
   7. General information on federal and State laws that prohibit acts of fraud and misrepresentation as to voting and elections.
2. Intent. - The posting required by subsection (a) of this section is intended to meet the mandate of the voting information requirements in section 302(b) of the Help America Vote Act of 2002.

History

(2003-226, s. 8; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1138 by Session Laws 2017-6, s. 3. Former G.S. 163A-1138 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-166.8. Assistance to voters.

1. Any registered voter qualified to vote in the election shall be entitled to assistance with entering and exiting the voting booth and in preparing ballots in accordance with the following rules:
   1. Any voter is entitled to assistance from the voter's spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, as chosen by the voter.
   2. A voter in any of the following four categories is entitled to assistance from a person of the voter's choice, other than the voter's employer or agent of that employer or an officer or agent of the voter's union:
      1. A voter who, on account of physical disability, is unable to enter the voting booth without assistance.
      2. A voter who, on account of physical disability, is unable to mark a ballot without assistance.
      3. A voter who, on account of illiteracy, is unable to mark a ballot without assistance.
      4. A voter who, on account of blindness, is unable to enter the voting booth or mark a ballot without assistance.
2. A qualified voter seeking assistance in an election shall, upon arriving at the voting place, request permission from the chief judge to have assistance, stating the reasons. If the chief judge determines that such assistance is appropriate, the chief judge shall ask the voter to point out and identify the person the voter desires to provide such assistance. If the identified person meets the criteria in subsection (a) of this section, the chief judge shall request the person indicated to render the assistance. The chief judge, one of the judges, or one of the assistants may provide aid to the voter if so requested, if the election official is not prohibited by subdivision (a) (2) of this section. Under no circumstances shall any precinct official be assigned to assist a voter qualified for assistance, who was not specified by the voter.
3. A person rendering assistance to a voter in an election shall be admitted to the voting booth with the voter being assisted. The State Board of Elections shall promulgate rules governing voter assistance, and those rules shall adhere to the following guidelines:
   1. The person rendering assistance shall not in any manner seek to persuade or induce any voter to cast any vote in any particular way.
   2. The person rendering assistance shall not make or keep any memorandum of anything which occurs within the voting booth.
   3. The person rendering assistance shall not, directly or indirectly, reveal to any person how the assisted voter marked ballots, unless the person rendering assistance is called upon to testify in a judicial proceeding for a violation of the election laws.

History

(2001-460, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1139 by Session Laws 2017-6, s. 3. Former G.S. 163A-1139 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-166.9. Curbside voting.

1. In any election or referendum, if any qualified voter is able to travel to the voting place, but because of age or physical disability and physical barriers encountered at the voting place is unable to enter the voting enclosure to vote in person without physical assistance, that voter shall be allowed to vote either in the vehicle conveying that voter or in the immediate proximity of the voting place.
2. Repealed by Session Laws 2018-144, s. 3.1(d), effective December 19, 2018.
3. The State Board of Elections shall adopt rules for the administration of this section.

History

(2001-460, s. 3; 2013-381, s. 2.6; 2017-6, s. 3; 2018-144, s. 3.1(d); 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-166.9. Curbside voting.

In any election or referendum, if any qualified voter is able to travel to the voting place, but because of age or physical disability and physical barriers encountered at the voting place is unable to enter the voting enclosure to vote in person without physical assistance, that voter shall be allowed to vote either in the vehicle conveying that voter or in the immediate proximity of the voting place. The State Board of Elections shall promulgate rules for the administration of this section.

Editor's Note. - This section was recodified as now former G.S. 163A-1140 by Session Laws 2017-6, s. 3. Former G.S. 163A-1140 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2013-381, s. 1.1, provides: "Parts 1 through 6 of this act shall be known and cited as the Voter Information Verification Act." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, s. 1.1, effective December 19, 2018.

Session Laws 2013-381, s. 6.2(2), made the amendment to this section by Session Laws 2013-381, s. 2.6, applicable to primaries and elections conducted on or after January 1, 2016.

Session Laws 2013-381, s. 6.2(6), provides: "At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Effect of Amendments. - Session Laws 2013-381, s. 2.6, effective January 1, 2016, redesignated the formerly undesignated provisions of this section as present subsections (a) and (c); added subsection (b); and substituted "adopt" for "promulgate" in subsection (c). For applicability, see editor's note.

Session Laws 2018-144, s. 3.1(d), effective December 19, 2018, deleted subsection (b).

§ 163-166.10. Procedures after the close of voting.

The State Board of Elections shall promulgate rules for closing the voting place and delivering voting information to the county board of elections for counting, canvassing, and record maintenance. Those rules shall emphasize the need for the appearance as well as the reality of security, accuracy, participation by representatives of more than one political party, openness of the process to public inspection, and honesty. The rules, at a minimum, shall include procedures to ensure all of the following:

1. The return and accurate accounting of all official ballots, regular, provisional, voted, unvoted, and spoiled, according to the provisions of Article 15A of this Chapter.
2. The certification of ballots and voter-authorization documents by precinct officials of more than one political party.
3. The delivery to the county board of elections of registration documents and information gleaned through the voting process that would be helpful in the accurate maintenance of the voter registration records.
4. The return to the county board of all issued equipment.
5. The restoration of the voting place to the condition in which it was found.

History

(2001-460, ss. 3, 3.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1141 by Session Laws 2017-6, s. 3. Former G.S. 163A-1141 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-166.11. Provisional voting requirements.

If an individual seeking to vote claims to be a registered voter in a jurisdiction as provided in G.S. 163-82.1 and though eligible to vote in the election does not appear on the official list of eligible registered voters in the voting place, that individual may cast a provisional official ballot as follows:

1. An election official at the voting place shall notify the individual that the individual may cast a provisional official ballot in that election.
2. The individual may cast a provisional official ballot at that voting place upon executing a written affirmation before an election official at the voting place, stating that the individual is a registered voter in the jurisdiction as provided in G.S. 163-82.1 in which the individual seeks to vote and is eligible to vote in that election.
3. A voter who has moved within the county more than 30 days before election day but has not reported the move to the board of elections shall not be required on that account to vote a provisional ballot at the one-stop site, as long as the one-stop site has available all the information necessary to determine whether a voter is registered to vote in the county and which ballot the voter is eligible to vote based on the voter's proper residence address. The voter with that kind of unreported move shall be allowed to vote the same kind of absentee ballot as other one-stop voters as provided in G.S. 163-227.2.
4. At the time the individual casts the provisional official ballot, the election officials shall provide the individual written information stating that anyone casting a provisional official ballot can ascertain whether and to what extent the ballot was counted and, if the ballot was not counted in whole or in part, the reason it was not counted. The State Board of Elections or the county board of elections shall establish a system for so informing a provisional voter. It shall make the system available to every provisional voter without charge, and it shall build into it reasonable procedures to protect the security, confidentiality, and integrity of the voter's personal information and vote.
5. The cast provisional official ballot and the written affirmation shall be secured by election officials at the voting place according to guidelines and procedures adopted by the State Board of Elections. At the close of the polls, election officials shall transmit the provisional official ballots cast at that voting place to the county board of elections for prompt verification according to guidelines and procedures adopted by the State Board of Elections. No later than 12:00 P.M. two days after the close of the polls, the county board of elections shall publish the number of provisional ballots cast on election day, cast by one-stop absentee voting, cast by mail-in absentee ballots received as of election day, and cast by military and overseas absentee ballots cast under Article 21A of this Chapter and received as of election day.
6. A voter who has moved within the county more than 30 days before election day but has not reported the move to the board of elections shall not be required on that account to vote a provisional ballot at the onestop site, as long as the one-stop site has available all the information necessary to determine whether a voter is registered to vote in the county and which ballot the voter is eligible to vote based on the voter's proper residence address. The voter with that kind of unreported move shall be allowed to vote the same kind of absentee ballot as other one-stop voters as provided in G.S. 163-227.2(e2).

History

(2003-226, s. 15; 2005-2, s. 4; 2005-428, s. 6(b); 2013-381, s. 49.3; 2014-111, s. 12(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2020-17, s. 4.5(b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-166.11. Provisional voting requirements.

If an individual seeking to vote claims to be a registered voter in a jurisdiction as provided in G.S. 163-82.1 and though eligible to vote in the election does not appear on the official list of eligible registered voters in the voting place, that individual may cast a provisional official ballot as follows:

(1) An election official at the voting place shall notify the individual that the individual may cast a provisional official ballot in that election.

(2) The individual may cast a provisional official ballot at that voting place upon executing a written affirmation before an election official at the voting place, stating that the individual is a registered voter in the jurisdiction as provided in G.S. 163-82.1 in which the individual seeks to vote and is eligible to vote in that election.

(3) At the time the individual casts the provisional official ballot, the election officials shall provide the individual written information stating that anyone casting a provisional official ballot can ascertain whether and to what extent the ballot was counted and, if the ballot was not counted in whole or in part, the reason it was not counted. The State Board of Elections or the county board of elections shall establish a system for so informing a provisional voter. It shall make the system available to every provisional voter without charge, and it shall build into it reasonable procedures to protect the security, confidentiality, and integrity of the voter's personal information and vote.

(4) The cast provisional official ballot and the written affirmation shall be secured by election officials at the voting place according to guidelines and procedures adopted by the State Board of Elections. At the close of the polls, election officials shall transmit the provisional official ballots cast at that voting place to the county board of elections for prompt verification according to guidelines and procedures adopted by the State Board of Elections.

(5) Repealed by Session Laws 2014-111, s. 12(b), effective August 6, 2014. (2003-226, s. 15; 2005-2, s. 4; 2005-428, s. 6(b); 2013-381, s. 49.3; 2014-111, s. 12(b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1142 by Session Laws 2017-6, s. 3. Former G.S. 163A-1142 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2005-2, s. 1, provides: "The General Assembly makes the following findings:

"(1) In 2003, the General Assembly enacted S.L. 2003-226, which contained a number of changes to the State's election laws, designed in part to implement provisions of the federal Help America Vote Act of 2002 (HAVA) in such a way as to avoid having separate laws for federal and State elections and otherwise to encourage and expand the exercise of the franchise. One such enactment was codified as G.S. 163-166.11, which spells out procedures for the casting of provisional official ballots. A voter's eligibility to cast a provisional official ballot depends on being a registered voter in the jurisdiction in which the voter seeks to vote. The 'jurisdiction' in which a voter in North Carolina registers to vote is the county. This is the unmistakable meaning of G.S. 163-82.1 and has not heretofore been challenged or questioned.

"(2) In S.L. 2003-226, the General Assembly expressly stated its intent to 'ensure that the State of North Carolina has a system for all elections that complies with the requirements for federal elections set forth in' HAVA. It was then and is now the intent of the General Assembly that the provisions of HAVA be broadly construed and that they be implemented in North Carolina in a manner to ensure a unified system of federal and State elections in compliance with HAVA.

"(3) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that any individual who is a registered voter in a county but whose name does not appear on the official list of registered voters at the voting place at which that voter appears be allowed to cast a provisional official ballot.

"(4) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that all provisional ballots be counted for all those ballot items for which a voter was eligible to vote. In enacting G.S. 163-166.11 in 2003, the General Assembly was fully mindful of and intended to reinforce the fact that prior statutory enactments in 2001 had already recognized the right of a voter to cast a provisional ballot and to have that ballot counted for all items for which that voter was eligible to vote. See G.S. 163-182.2(a)(4). Even prior to 2003, the General Statutes recognized the right of a registered voter to cast a provisional ballot and to have that ballot counted for all those items for which the voter was duly qualified to vote.

"(5) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that the State Board of Elections act in a manner that would result in a single system for federal and State elections, rather than one system for federal elections and another for State elections. In enacting G.S. 163-166.11 in 2003, the General Assembly was mindful of and intended to reinforce the fact that it had already provided in 2001 in G.S. 163-166.7(c)(6) that the State Board of Elections would adopt rules to ensure that voters 'not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.' The possibility of out-of-precinct provisional voting was thus recognized by the General Assembly as early as 2001.

"(6) The law regarding provisional ballots does not rest solely on G.S. 163-82.15(e), which addresses the narrow circumstance of 'Unreported Move[s] to Another Precinct Within the County.' Though that statute mentions two ways in which precinct officials may process registrants, it is not exclusive. G.S. 163-82.15(e) is part of the statutory Article on voter registration, rather than on voting, and should be read in that context. It was enacted in 1994, before provisional voting was codified in North Carolina. The enactment of G.S. 163-166.7(c)(6) in 2001 is the authority giving the State Board of Elections the duty to apply the broader laws of provisional voting, including G.S. 163-166.11. Any reading of G.S. 163-166.11 that would limit that statute's provisions to the narrower class of voting situations governed by the earlier enacted provisions of G.S. 163-82.15(e) would ignore the long-standing principle of statutory construction that statutes relating to the same subject matter should be reconciled in such a manner as to effect the scope and meaning of the later enactment and read in a manner that would tend most completely to secure the rights of all persons affected by the legislation. It was then and is now the intent of the General Assembly in enacting G.S. 163-166.11 to expand the exercise of the franchise, not to limit it or to restrict it by the terms of earlier and narrower enactments.

"(7) The State Board of Elections and all county boards of elections were following the intent of the General Assembly when they administered G.S. 163-166.11 and the earlier enacted statutes in G.S. 163-182.2(a)(4) and G.S. 163-166.7(c)(6) to count in whole or in part ballots cast by registered voters in the county who voted outside their resident precincts in the July 20, 2004, Primary, the August 17, 2004, Second Primary, and the November 2, 2004, General Election.

"(8) Several hundred thousand registered North Carolina voters cast ballots outside their resident precincts during the one-stop absentee balloting ('early voting') period pursuant to G.S. 163-227.2 prior to the General Election in November 2004, during the two primaries in 2004, and then on the date of the General Election in November 2004. There is no statutory basis upon which to distinguish out-of-precinct voting that occurred on the date of the General Election in November 2004 from out-of-precinct voting that occurred during the First and Second Primaries in 2004 or that occurred during the period of one-stop absentee ('early') voting prior to the General Election of 2004.

"(9) The General Assembly takes note of the fact that of those registered voters who happened to vote provisional ballots outside their resident precincts on the day of the November 2004 General Election, a disproportionately high percentage were African-American.

"(10) The General Assembly notes that in addition to provisional voting on the date of the General Election pursuant to G.S. 163-166.11, the General Statutes abound with provisions that allow voters to cast votes outside their resident precincts:

"a. Civilian absentee voting by mail, G.S. 163-226.

"b. Military and overseas citizens absentee voting, G.S. 163-245.

"c. One-stop absentee (early) voting, G.S. 163-227.2.

"d. Voting in a voting place on a lot adjacent to the precinct, G.S. 163-128.

"e. Temporarily voting in an adjacent precinct, G.S. 163-128.

"f. Voting in a precinct outside the voting place where no suitable facility exists inside it or adjacent to it, G.S. 163-130.1.

"g. Voting at a central location in the county by voters who no longer live in the precinct where their name is listed on registration lists, G.S. 163-82.15(e).

"All those provisions were enacted prior to G.S. 163-166.11. Most were enacted decades before. As many as 1,000,000 people in North Carolina may have cast out-of-precinct votes using all out-of-precinct methods in 2004.

"(11) It would be fundamentally unfair to discount the provisional official ballots cast by properly registered and duly qualified voters voting and acting in reliance on the statutes adopted by the General Assembly and administered by the State Board of Elections in accordance with its intent. Moreover, to subtract such ballots only from the count for the General Election of 2004 without also doing so for the First or Second Primaries of 2004 would create a bizarre result in which out-of-precinct provisional ballots are allowed to count for some elections but not others. The General Assembly did not and does not now intend to create such a system.

"(12) Even if the State Board of Elections had misread the language and intent of the General Statutes concerning provisional voting, which it did not do, it has been the long-standing and hitherto unquestioned law of this State, confirmed by prior decisions of the North Carolina Supreme Court, that an innocent voter's ballot shall not be disqualified because of errors or omissions by elections officials. This fundamental principle was adopted by Justice Samuel J. Ervin Jr. in the case of Owens v. Chaplin, 228 N.C. 705 (1948) using the following language:

'We can conceive of no principle which permits the disfranchisement of innocent voters for the mistake, or even the willful misconduct, of election officials in performing the duty cast upon them. The object of elections is to ascertain the popular will, and not to thwart it. The object of election laws is to secure the rights of duly-qualified electors, and not to defeat them.'

"See also Appeal of Judicial Review by Republican Candidates for Election in Clay County, 45 N.C. App. 556 (1980).

"The General Assembly endorses and reaffirms this fundamental principle.

"(13) It is the will of the people, as expressed through their representatives in the General Assembly, that the validity of the primaries and elections conducted in 2004 and certified by a county board of elections or the State Board of Elections, not be called into question by retroactively revisiting the propriety of provisional ballots cast by duly registered voters of a county.

"(14) To avoid all doubt and remove any possible future question as to the General Assembly's plain intent with respect to the subject of provisional voting, and to avoid misinterpretation of any other statute, the General Assembly enacts Sections 2 through 5 of this act."

Subdivision (2a), added by Session Laws 2005-428, s. 6(b), effective September 22, 2005, is applicable to all primaries and elections held on or after that date.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2013-381, s. 49.3, effective January 1, 2014, added "except that the ballot shall not be counted if the voter did not vote in the proper precinct under G.S. 163-55, including a central location as provided by that section" in subdivision (5).

Session Laws 2014-111, s. 12(b), effective August 6, 2014, deleted subdivision (5).

Session Laws 2020-17, s. 4.5(b), effective June 12, 2020, added the last sentence in subdivision (5).

§ 163-166.11A. Notation on provisional ballot.

Whenever a voter is permitted to vote a provisional ballot, the election official issuing the ballot shall annotate in writing or other means on the ballot that it is a provisional ballot.

History

(2013-381, s. 52.1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1143 by Session Laws 2017-6, s. 3. Former G.S. 163A-1143 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2013-381, s. 60.2, made this section effective January 1, 2014.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-166.12. Requirements for certain voters who register by mail.

1. Voting in Person. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, shall present to a local election official at a voting place before voting there one of the following:
   1. A current and valid photo identification.
   2. A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
2. Voting Mail-In Absentee. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, in order to cast a mail-in absentee vote, shall submit with the mailed-in absentee ballot one of the following:
   1. A copy of a current and valid photo identification.
   2. A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
3. Notation of Identification Proof. - The county board of elections shall note the type of identification proof submitted by the voter under the provisions of subsection (a) or (b) of this section and may dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records.
4. Voting When Identification Numbers Do Not Match. - Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163-82.12 did not result in a match, and the number has not been otherwise validated by the board of elections, in the first election in which the individual votes that individual shall submit with the ballot the form of identification described in subsection (a) or subsection (b) of this section, depending upon whether the ballot is voted in person or absentee. If that identification is provided and the board of elections does not determine that the individual is otherwise ineligible to vote a ballot, the failure of identification numbers to match shall not prevent that individual from registering to vote and having that individual's vote counted.
5. The Right to Vote Provisionally. - If an individual is required under subsection (a), (b), or (d) of this section to present identification in order to vote, but that individual does not present the required identification, that individual may vote a provisional official ballot. If the voter is at the voting place, the voter may vote provisionally there without unnecessary delay. If the voter is voting by mail-in absentee ballot, the mailed ballot without the required identification shall be treated as a provisional official ballot.
6. Exemptions. - This section does not apply to any of the following:
   1. An individual who registers by mail and submits as part of the registration application either of the following:
      1. A copy of a current and valid photo identification.
      2. A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
   2. An individual who registers by mail and submits as part of the registration application the individual's drivers license number or at least the last four digits of the individual's social security number where an election official matches either or both of the numbers submitted with an existing State identification record bearing the same number, name, and date of birth contained in the submitted registration. If any individual's number does not match, the individual shall provide identification as required in subsection (d) of this section in the first election in which the individual votes.
   3. An individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act.
   4. An individual who is entitled to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act.
   5. An individual who is entitled to vote otherwise than in person under any other federal law.

History

(2003-226, s. 16; 2004-127, s. 3; 2007-391, s. 21(a); 2008-187, s. 33(a); 2013-381, s. 16.4; 2013-410, s. 14(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-166.12. Requirements for certain voters who register by mail.

1. Voting in Person. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, shall present to a local election official at a voting place before voting there one of the following:
   1. A current and valid photo identification.
   2. A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
2. Voting Mail-In Absentee. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, in order to cast a mail-in absentee vote, shall submit with the mailed-in absentee ballot one of the following: (1) A copy of a current and valid photo identification. (2) A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
3. Notation of Identification Proof. - The county board of elections shall note the type of identification proof submitted by the voter under the provisions of subsection (a) or (b) of this section and may dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records.
4. Voting When Identification Numbers Do Not Match. - Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163-82.12 did not result in a match, and the number has not been otherwise validated by the board of elections, in the first election in which the individual votes that individual shall submit with the ballot the form of identification described in subsection (a) or subsection (b) of this section, depending upon whether the ballot is voted in person or absentee. If that identification is provided and the board of elections does not determine that the individual is otherwise ineligible to vote a ballot, the failure of identification numbers to match shall not prevent that individual from registering to vote and having that individual's vote counted. If the individual registers and votes under G.S. 163-82.6A, the identification documents required in that section, rather than those described in subsection (a) or (b) of this section, apply.
5. The Right to Vote Provisionally. - If an individual is required under subsection (a), (b), or (b2) of this section to present identification in order to vote, but that individual does not present the required identification, that individual may vote a provisional official ballot. If the voter is at the voting place, the voter may vote provisionally there without unnecessary delay. If the voter is voting by mail-in absentee ballot, the mailed ballot without the required identification shall be treated as a provisional official ballot.
6. Exemptions. - This section does not apply to any of the following:
   1. An individual who registers by mail and submits as part of the registration application either of the following: a. A copy of a current and valid photo identification. b. A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
   2. An individual who registers by mail and submits as part of the registration application the individual's drivers license number or at least the last four digits of the individual's social security number where an election official matches either or both of the numbers submitted with an existing State identification record bearing the same number, name, and date of birth contained in the submitted registration. If any individual's number does not match, the individual shall provide identification as required in subsection (b2) of this section in the first election in which the individual votes.
   3. An individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act.
   4. An individual who is entitled to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act. (5) An individual who is entitled to vote otherwise than in person under any other federal law.

Editor's Note. - This section was recodified as now former G.S. 163A-1144 by Session Laws 2017-6, s. 3. Former G.S. 163A-1144 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 21(a), which added subsection (b2), substituted "(a), (b), or (b2)" for "(a) or (b)" in subsection (c), and added the last sentence in (d)(2), is effective August 19, 2007.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2004-127, s. 3, effective July 26, 2004, inserted the subsection (b1) designation; inserted "under the provisions of subsection (a) or (b) of this section" in the first sentence of subsection (b1); and deleted the undesignated paragraph following subsection (b1), relating to persons entitled to vote under the Uniformed and Overseas Citizens Absentee Voting Act.

Session Laws 2007-391, s. 21(a), effective August 19, 2007, added subsection (b2); substituted "(a), (b), or (b2)" for "(a) or (b)" in subsection (c); and added the last sentence in (d)(2).

Session Laws 2013-381, s. 16.4, effective January 1, 2014, deleted the former last sentence in subsection (b2), which read "If the individual registers and votes under G.S. 163-82.6A, the identification documents required in that section, rather than those described in subsection (a) or (b) of this section, apply."

Session Laws 2013-410, s. 14(b), effective August 23, 2013, added "Notation of Identification Proof" as the subsection heading in subsection (b1).

§ 163-166.13: Repealed by Session Laws 2018-144, s. 3.1(e), effective December 19, 2018.

History

(2013-381, s. 2.1; 2014-111, s. 7; 2015-103, s. 8(a); 2017-6, s. 3; repealed by 2018-144, s. 3.1(e), effective December 19, 2018.)

Editor's Note. - Former G.S. 163A-1145 was formerly G.S. 163-166.13, as recodified by Session Laws 2017-6, s. 3, and was formerly G.S. 163-166.13, as recodified by Session Laws 2017-6, s. 3, and pertained to the photo identification requirement for voting in person.

§ 163-166.14: Repealed by Session Laws 2018-144, s. 3.1(f), effective December 19, 2018.

History

(2013-381, s. 2.2; 2014-111, s. 6; 2017-6, s. 3; repealed by 2018-144, s. 3.1(f), effective December 19, 2018.)

Editor's Note. - Former G.S. 163A-1146 was formerly G.S. 163-166.14, as recodified by Session Laws 2017-6, s. 3, and pertained to the evaluation of determination of nonreasonable resemblance of photo identification.

§ 163-166.15: Repealed by Session Laws 2018-144, s. 3.1(g), effective December 19, 2018.

History

(2015-103, s. 8(d); 2017-6, s. 3; repealed by 2018-144, s. 3.1(g), effective December 19, 2018.)

Editor's Note. - Former G.S. 163-166.15 was formerly G.S. 163-166.15, as recodified by Session Laws 2017-6, s. 3, and pertained to reasonable impediment declarations.

§ 163-166.16. Requirement for photo identification to vote in person.

1. 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:
      1. A North Carolina drivers license.
      2. 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.
      3. A United States passport.
      4. A North Carolina voter photo identification card of the registered voter issued pursuant to G.S. 163-82.8A.
      5. Recodified as sub-subdivision (a)(2)c. of this section by Session Laws 2019-22, s. 1, effective June 3, 2019.
      6. Reserved.
      7. 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. 163-166.17.
      8. 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. 163-166.18.
      9. 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:
      1. A military identification card issued by the United States government.
      2. A Veterans Identification Card issued by the United States Department of Veterans Affairs for use at Veterans Administration medical facilities.
      3. A tribal enrollment card issued by a State or federal recognized tribe.
      4. An identification card issued by a department, agency, or entity of the United States government or this State for a government program of public assistance.
   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.
2. 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. 163-88. 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.
3. 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. 163-182.5. 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.
4. 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 (e) 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.
5. 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:
      1. Lack of transportation.
      2. Disability or illness.
      3. Lack of birth certificate or other underlying documents required.
      4. Work schedule.
      5. 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.
6. 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.
7. 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. 163-57.

History

(2018-144, s. 1.2(a); 2018-146, s. 3.1(a); 2019-22, s. 1; 2020-17, s. 10.)

Editor's Note. - This section was enacted as now former G.S. 163A-166.16 by Session Laws 2018-144, s. 1.2(a). Former G.S. 163A-166.16 was then recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as recodified.

Session Laws 2018-144, s. 5, made this section effective December 27, 2018.

Subsections (d1) through (f), as enacted by Session Laws 2018-144, s. 1.2(a), were redesignated as subsection (e) through (g) at the direction of the Revisor of Statutes.

Session Laws 2018-144, s. 1.2(f), as amended by Session Laws 2019-22, s. 4, provides: "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 November 1, 2019, for use in primaries and elections held in 2020. 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 September 15, 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 list of participating institutions and employing entities for use in primaries and elections held in 2020."

Session Laws 2018-144, s. 1.2(g), as amended by Session Laws 2019-22, s. 5, provides: "For elections held in 2020 only, 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, including a charter school, may not be denied approval under G.S. 163A-1145.2 or G.S. 163A-1145.3 solely due to a lack of a printed expiration date. Notwithstanding G.S. 163A-1145.1, an approved student identification card or employee identification card without a printed expiration date shall be eligible for use in any election held before January 1, 2021."

Session Laws 2018-144, s. 1.2(h), provides: "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."

Session Laws 2018-144, s. 1.5(a)-(d), provides: "(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.

"(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.

"(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.

"(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."

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Session Laws 2019-22, s. 6(a), (b), provides: "(a) Any 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 a State or local government entity or charter school approved by the State Board of Elections on or before March 15, 2019, for use in elections held on or after January 1, 2019, until December 31, 2022, shall continue to be eligible for use in an election prior to December 31, 2022, without further submission by the constituent institution of The University of North Carolina, community college as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3), or State or local government entity or charter school.

"(b) Any 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 State or local government entity or charter school denied approval by the State Board of Elections on or before March 15, 2019, shall be granted until November 15, 2019, to submit a revised application for approval. The State Board shall approve the identification cards for use as voting identification under G.S. 163A-1145.1 [163-166.16] no later than December 1, 2019, for use in primaries and elections held in 2020."

Effect of Amendments. - Session Laws 2019-22, s. 1, effective June 3, 2019, recodified sub-subdivision (a)(1)e. as sub-subdivision (a)(2)c.

Session Laws 2020-17, s. 10, effective June 12, 2020, added sub-subdivision (a)(2)d.

§ 163-166.17. Approval of student identification cards for voting identification.

1. 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. 163-166.16 if the following criteria are met:
   1. The chancellor, president, or registrar of the university or college submits documentation satisfactory to the State Board that the following have been met and will not knowingly be violated with regard to student identification cards issued during the approval period:
      1. The identification cards that are issued by the university or college contain photographs of students obtained by the university or college or its agents or contractors, provided the photograph obtained (i) is a frontal image that includes the student's face and (ii) represents a clear, accurate likeness of the student to whom the identification card is issued. If the photograph is one not produced by the university or college or its agents, the university or college shall certify in detail the process used by the university or college to ensure the photograph is that of the student to whom the identification card is issued and shall certify that the process is designed to confirm the identity of the student to whom the identification card is issued.
      2. The identification cards are issued after an enrollment or other process that includes one or more methods of confirming the identity of the student using information that may include, but are not limited to, the social security number, citizenship status, and birthdate of the student.
      3. Access to the equipment for producing the identification cards is restricted through security measures.
      4. Misuse of the equipment for producing the identification cards would be grounds for student discipline or termination of an employee.
      5. University or college officials would report any misuse of student identification card equipment they have knowledge of to law enforcement if G.S. 163-82.8(19) was potentially violated.
      6. The cards issued by the university or college on or after January 1, 2021, contain a date of expiration.
      7. The university or college will provide copies of student identification cards to the State Board to assist with training purposes.
      8. The college or university will provide to students who are issued the student identification card a copy of, or an electronic link to, a document developed by the State Board that details 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. 163-82.8A 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.
2. The State Board shall establish a schedule for such submissions and approvals. The State Board shall permit a university or college with no changes to the prior election cycle's approval to submit a statement indicating no changes have been made by the university or college. When the State Board approves for use the 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 purposes under G.S. 163-166.16, such approval shall be valid for the period from January 1 of an odd-numbered year through December 31 of the next even-numbered year.
3. The State Board shall produce a list of participating universities and colleges every two years. The list shall be published on the State Board's Web site and distributed to every county board of elections. The State Board shall publish sample student identification cards for each participating university and college.
4. 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.

History

(2018-144, s. 1.2(b); 2018-146, s. 3.1(a); 2019-22, s. 2.)

Editor's Note. - This section was enacted as now former G.S. 163A-166.17 by Session Laws 2018-144, s. 1.2(b). Former G.S. 163A-166.17 was then recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as recodified.

Session Laws 2018-144, s. 5, made this section effective December 19, 2018.

Session Laws 2018-144, s. 1.2(f), as amended by Session Laws 2019-22, s. 4, provides: "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 November 1, 2019, for use in primaries and elections held in 2020. 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 September 15, 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 list of participating institutions and employing entities for use in primaries and elections held in 2020."

Session Laws 2018-144, s. 1.2(g), as amended by Session Laws 2019-22, s. 5, provides: "For elections held in 2020 only, 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, including a charter school, may not be denied approval under G.S. 163A-1145.2 or G.S. 163A-1145.3 solely due to a lack of a printed expiration date. Notwithstanding G.S. 163A-1145.1, an approved student identification card or employee identification card without a printed expiration date shall be eligible for use in any election held before January 1, 2021."

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Session Laws 2019-22, s. 6(a), (b), provides: "(a) Any 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 a State or local government entity or charter school approved by the State Board of Elections on or before March 15, 2019, for use in elections held on or after January 1, 2019, until December 31, 2022, shall continue to be eligible for use in an election prior to December 31, 2022, without further submission by the constituent institution of The University of North Carolina, community college as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3), or State or local government entity or charter school."

"(b) Any 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 State or local government entity or charter school denied approval by the State Board of Elections on or before March 15, 2019, shall be granted until November 15, 2019, to submit a revised application for approval. The State Board shall approve the identification cards for use as voting identification under G.S. 163A-1145.1 [163-166.16] no later than December 1, 2019, for use in primaries and elections held in 2020."

Effect of Amendments. - Session Laws 2019-22, s. 2, effective June 3, 2019, rewrote subsections (a)-(c),

§ 163-166.18. Approval of employee identification cards for voting identification.

1. 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. 163-166.16 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 documentation satisfactory to the State Board that the following true have been met and will not knowingly be violated with regard to employee identification cards issued during the approval period:
      1. The identification cards that are issued by the state or local government entity or charter school contain photographs of the employees obtained by the state or local government entity or charter school employing entity or its agents or contractors, provided the photograph obtained (i) is a frontal image that includes the employee's face and (ii) represents a clear, accurate likeness of the employee to whom the identification card is issued. If the photograph is one not produced by the state or local government entity or charter school, the state or local government entity or charter school shall certify in detail the process used by the state or local government entity or charter school to ensure the photograph is that of the employee to whom the identification card is issued and shall certify that the process is designed to confirm the identity of the employee to whom the identification card is issued.
      2. The identification cards are issued after an employment application or other process that includes one or more methods of confirming the identity of the employee using information that include, but are not limited to, the social security number, citizenship status, and birthdate of the employee.
      3. Access to the equipment for producing the identification cards is restricted through security measures.
      4. Misuse of the equipment for producing the identification cards would be grounds for termination of an employee.
      5. State or local or charter school officials would report any misuse of identification card equipment they have knowledge of to law enforcement if G.S. 163-275(19) was potentially violated.
      6. The cards issued by the state or local government entity or charter school on or after January 1, 2021, contain a date of expiration.
      7. The state or local government entity or charter school will provide copies of employee 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.
2. The State Board shall establish a schedule for such submissions and approvals. The State Board shall permit a State or local government entity or charter school with no changes to the prior election cycle's approval to submit a statement indicating no changes have been made by the State or local government entity or charter school. When the State Board approves for use the employee identification cards issued by a state or local government entity, including a charter school, for voting identification under G.S. 163-166.16, such approval shall be valid for the period from January 1 of an odd-numbered year through December 31 of the next even-numbered year.
3. The State Board shall produce a list of participating employing entities every two years. The list shall be published on the State Board's Web site and distributed to every county board of elections. The State Board shall publish sample employee identification cards for each participating State or local government entity or charter school.

History

(2018-144, s. 1.2(c); 2018-146, s. 3.1(a); 2019-22, s. 3.)

Editor's Note. - This section was enacted as now former G.S. 163A-166.18 by Session Laws 2018-144, s. 1.2(c). Former G.S. 163A-166.18 was then recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as recodified.

Session Laws 2018-144, s. 5, made this section effective December 19, 2018.

Session Laws 2018-144, s. 1.2(f), as amended by Session Laws 2019-22, s. 4, provides: "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 November 1, 2019, for use in primaries and elections held in 2020. 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 September 15, 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 list of participating institutions and employing entities for use in primaries and elections held in 2020."

Session Laws 2018-144, s. 1.2(g), as amended by Session Laws 2019-22, s. 5, provides: "For elections held in 2020 only, 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, including a charter school, may not be denied approval under G.S. 163A-1145.2 or G.S. 163A-1145.3 solely due to a lack of a printed expiration date. Notwithstanding G.S. 163A-1145.1, an approved student identification card or employee identification card without a printed expiration date shall be eligible for use in any election held before January 1, 2021."

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

This section was amended by Session Laws 2019-22, s. 3, in the coded bill drafting format provided by G.S. 120-20.1. In subdivision (a)(1), Session Laws 2019-22, s. 3 failed to strike through the word "true." In subdivision (a)(1)a., Session Laws 2019-22, s. 3 failed to set out the text as enacted by Session Laws 2018-144, 1.2(c), so that the phrase "employing entity" was not struck through. Subdivision (a)(1) has been set out in the form above at the direction of the Revisor of Statutes.

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Session Laws 2019-22, s. 6(a), (b), provides: "(a) Any 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 a State or local government entity or charter school approved by the State Board of Elections on or before March 15, 2019, for use in elections held on or after January 1, 2019, until December 31, 2022, shall continue to be eligible for use in an election prior to December 31, 2022, without further submission by the constituent institution of The University of North Carolina, community college as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3), or State or local government entity or charter school.

"(b) Any 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 State or local government entity or charter school denied approval by the State Board of Elections on or before March 15, 2019, shall be granted until November 15, 2019, to submit a revised application for approval. The State Board shall approve the identification cards for use as voting identification under G.S. 163A-1145.1 [163-166.16] no later than December 1, 2019, for use in primaries and elections held in 2020."

Effect of Amendments. - Session Laws 2019-22, s. 3, effective June 3, 2019, rewrote the section.

§ 163-167: Reserved for future codification purposes.

§§ 163-168 through 163-181: Repealed by Session Laws 2001-398, s. 1, effective January 1, 2002.

Editor's Note. - Repealed G.S. 163-178 had been repealed by Session Laws 1981, c. 564, s. 1. G.S. 163-182 to 163-186 had been reserved under this Article for future codification purposes. G.S. 163-182 is now codified under Article 15A.

§ 163-182. Definitions.

In addition to the definitions stated below, the definitions set forth in Article 14A of this Chapter also apply to this Article. As used in this Article, the following definitions apply:

1. "Abstract" means a document signed by the members of the board of elections showing the votes for each candidate and ballot proposal on the official ballot in the election. The abstract shall show a total number of votes for each candidate in each precinct and a total for each candidate in the county. It shall also show the number of votes for each candidate among the absentee official ballots, among the provisional official ballots, and in any other category of official ballots that is not otherwise reported.
2. "Certificate of election" means a document prepared by the official or body with the legal authority to do so, conferring upon a candidate the right to assume an elective office as a result of being elected to it.
3. "Composite abstract" means a document signed by the members of the State Board showing the total number of votes for each candidate and ballot proposal and the number of votes in each county. A composite abstract does not include precinct returns.
4. "Protest" means a complaint concerning the conduct of an election which, if supported by sufficient evidence, may require remedy by one or more of the following:
   1. A correction in the returns.
   2. A discretionary recount as provided in G.S. 163-182.7.
   3. A new election as provided in G.S. 163-182.13.

History

(2001-398, s. 3; 2010-96, ss. 19, 35; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1165 by Session Laws 2017-6, s. 3. Former G.S. 163A-1165 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

At the direction of the Revisor of Statutes, subdivisions (2) and (3) have been redesignated as subdivisions (3) and (2), respectively, to maintain alphabetical order.

Former G.S. 163-182 had been reserved for future codification purposes under Article 15, which was repealed by Session Laws 2001-398, s. 1, effective January 1, 2002.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2010-96, ss. 19 and 35, effective July 20, 2010, substituted "Article 14A" for "Article 13A" in the introductory language.

Legal Periodicals. - For article, "'High Court Wrongly Elected': A Public Choice Model of Judging and Its Implications for the Voting Rights Act," see 75 N.C.L. Rev. 1305 (1997).

§ 163-182.1. Principles and rules for counting official ballots.

1. General Principles That Shall Apply. - The following general principles shall apply in the counting of official ballots, whether the initial count or any recount:
   1. Only official ballots shall be counted.
   2. No official ballot shall be rejected because of technical errors in marking it, unless it is impossible to clearly determine the voter's choice.
   3. If it is impossible to clearly determine a voter's choice in a ballot item, the official ballot shall not be counted for that ballot item, but shall be counted in all other ballot items in which the voter's choice can be clearly determined.
   4. If an official ballot is marked in a ballot item with more choices than there are offices to be filled or propositions that may prevail, the official ballot shall not be counted for that ballot item, but shall be counted in all other ballot items in which there is no overvote and the voter's choice can be clearly determined.
   5. If an official ballot is rejected by a scanner or other counting machine, but human counters can clearly determine the voter's choice, the official ballot shall be counted by hand and eye.
   6. Write-in votes shall not be counted in party primaries or in referenda, but shall be counted in general elections if all of the following are true:
      1. The write-in vote is written by the voter or by a person authorized to assist the voter pursuant to G.S. 163-166.8.
      2. The write-in vote is not cast for a candidate who has failed to qualify under G.S. 163-123 as a write-in candidate.
      3. The voter's choice can be clearly determined.
2. Procedures and Standards. - The State Board of Elections shall adopt uniform and nondiscriminatory procedures and standards for voting systems. The standards shall define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State. The State Board shall adopt those procedures and standards at a meeting occurring not earlier than 15 days after the State Board gives notice of the meeting. The procedures and standards adopted shall apply to all elections occurring in the State and shall be subject to amendment or repeal by the State Board acting at any meeting where notice that the action has been proposed has been given at least 15 days before the meeting. These procedures and standards shall not be considered to be rules subject to Article 2A of Chapter 150B of the General Statutes. However, the State Board shall publish in the North Carolina Register the procedures and standards and any changes to them after adoption, with that publication noted as information helpful to the public under G.S. 150B-21.17(a)(6). Copies of those procedures and standards shall be made available to the public upon request or otherwise by the State Board. For optical scan and direct record electronic voting systems, and for any other voting systems in which ballots are counted other than on paper by hand and eye, those procedures and standards shall do both of the following:
   1. Provide for a sample hand-to-eye count of the paper ballots of a statewide ballot item in every county. The presidential ballot item shall be the subject of the sampling in a presidential election. If there is no statewide ballot item, the State Board shall provide a process for selecting district or local ballot items to adequately sample the electorate. The State Board shall approve in an open meeting the procedure for randomly selecting the sample precincts for each election. The random selection of precincts for any county shall be done publicly after the initial count of election returns for that county is publicly released or 24 hours after the polls close on election day, whichever is earlier. The sample chosen by the State Board shall be of one or more full precincts, full counts of mailed absentee ballots, full counts of one or more one-stop early voting sites, or a combination. The size of the sample of each category shall be chosen to produce a statistically significant result and shall be chosen after consultation with a statistician. The actual units shall be chosen at random. In the event of a material discrepancy between the electronic or mechanical count and a hand-to-eye count, the hand-to-eye count shall control, except where paper ballots have been lost or destroyed or where there is another reasonable basis to conclude that the hand-to-eye count is not the true count. If the discrepancy between the hand-to-eye count and the mechanical or electronic count is significant, a complete hand-to-eye count shall be conducted.
   2. Provide that if the voter selects votes for more than the number of candidates to be elected or proposals to be approved in a ballot item, the voting system shall do all the following:
      1. Notify the voter that the voter has selected more than the correct number of candidates or proposals in the ballot item.
      2. Notify the voter before the vote is accepted and counted of the effect of casting overvotes in the ballot item.
      3. Provide the voter with the opportunity to correct the official ballot before it is accepted and counted.

History

(2001-398, s. 3; 2003-226, s. 13; 2005-323, s. 5(a); 2006-192, s. 7(a); 2006-264, s. 76(b); 2013-381, ss. 30.5, 32.2; 2015-103, s. 6(b); 2017-6, s. 3; 2018-13, s. 3.11(b); 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1166 by Session Laws 2017-6, s. 3. Former G.S. 163A-1166 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485.

"The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002.

"In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act."

Session Laws 2013-381, s. 30.8, as amended by Session Laws 2015-103, s. 6(a), Session Laws 2018-13, s. 3.11(a), and Session Laws 2019-177, s. 10.1(a), provides: "Any direct record electronic (DRE) voting systems currently certified by the State Board of Elections and Ethics Enforcement which do not use paper ballots shall be decertified and shall not be used in any election held on or after December 1, 2019. Decertification of a DRE voting system that does not use paper ballots may not be appealed to the Superior Court of Wake County pursuant to G.S. 163A-1115(d)."

Session Laws 2013-381, s. 30.9, as amended by Session Laws 2015-103, s. 6(b), Session Laws 2018-13, s. 3.11(b), and Session Laws 2019-177, s. 10.1(b), provides: "This Part becomes effective December 1, 2019, for counties that use direct record electronic voting machines."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-239, s. 3(a), provides: "Notwithstanding Section 3.11 of S.L. 2018-13, the State Board of Elections (State Board) may authorize, upon such terms and conditions as the State Board deems appropriate, a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied:

"(1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county.

"(2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections.

"(3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9."

Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-239, s. 5.14, is a severability clause.

Effect of Amendments. - Session Laws 2003-226, s. 13, effective January 1, 2006, and applicable with respect to all primaries and elections held on or after that date, rewrote subsection (b).

Session Laws 2005-323, s. 5(a), effective January 1, 2006, in subsection (b), divided the former first paragraph into the present first paragraph and present subdivision (2), redesignated former subdivisions (1) through (3) as present subdivisions a. through c., added subdivision (1), and rewrote the last sentence at the end of the introductory paragraph.

Session Laws 2006-192, s. 7(a), effective August 3, 2006, added the fourth and fifth sentences in subdivision (b)(1).

Session Laws 2006-264, s. 76(b), effective August 27, 2006, in the fourth (now seventh sentence) sentence of subdivision (b)(1), inserted "one or more", inserted "mailed", substituted "full counts of one or more" for "and full counts", and substituted "sites, or a combination" for "sites" at the end.

Session Laws 2013-381, s. 30.5, in subdivision (b)(1), deleted "or paper records" following "paper ballots" in the first sentence, and "or records" following "paper ballots" in the ninth sentence. For effective date and applicability, see editor's note.

Session Laws 2013-381, s. 32.2, effective January 1, 2014, repealed subdivision (a)(7).

§ 163-182.1A: Repealed by Session Laws 2018-144, s. 3.1(h), effective December 19, 2018.

History

(2013-381, s. 2.8; 2017-6, s. 3; repealed by 2018-144, s. 3.1(h), effective December 19, 2018.)

Editor's Note. - Former G.S. 163A-1167 was formerly G.S. 163-182.1A, as recodified by Session Laws 2017-6, s. 3, and pertained to the counting of provisional official ballots cast due to failure to provide photo identification when voting in person.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

§ 163-182.1B: Repealed by Session Laws 2018-144, s. 3.1(i), effective December 19, 2018.

History

(2015-103, s. 8(e); 2017-6, s. 3; repealed by 2018-144, s. 3.1(i), effective December 19, 2018.)

Editor's Note. - Former G.S. 163A-1168 was formerly G.S. 163-182.1B, as recodified by Session Laws 2017-6, s. 3, and pertained to the counting of provisional official ballots cast following completion of a reasonable impediment declaration when voting in person.

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144.

"(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

§ 163-182.2. Initial counting of official ballots.

1. The initial counting of official ballots shall be conducted according to the following principles:
   1. Vote counting at the precinct shall occur immediately after the polls close and shall be continuous until completed.
   2. Vote counting at the precinct shall be conducted with the participation of precinct officials of all political parties then present. Vote counting at the county board of elections shall be conducted in the presence or under the supervision of board members of all political parties then present.
   3. Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots.
   4. If the county board of elections finds that an individual voting a provisional official ballot (i) was registered in the county as provided in 163-82.1, (ii) voted in the proper precinct under G.S. 163-55 and G.S. 163-57, and (iii) was otherwise eligible to vote, the  provisional official ballots shall be counted by the county board of elections before the canvass. Except as provided in G.S. 163-82.15(e), if the county board finds that an individual voting a provisional official ballot (i) did not vote in the proper precinct under G.S. 163-55 and G.S. 163-57, (ii) is not registered in the county as provided in G.S. 163-82.1, or (iii) is otherwise not eligible to vote, the ballot shall not be counted. If a voter was properly registered to vote in the election by the county board, no mistake of an election official in giving the voter a ballot or in failing to comply with G.S. 163-82.15 or G.S. 163-166.11 shall serve to prevent the counting of the vote on any ballot item the voter was eligible by registration and qualified by residency to vote.
   5. Precinct officials shall provide a preliminary report of the vote counting on election day to the county board of elections as quickly as possible. The preliminary report shall be unofficial, has no binding effect upon the official county canvass to follow, and shall include the number of provisional ballots cast in that precinct.
   6. In counties that use any certified mechanical or electronic voting system, subject to the sample counts under G.S. 163-182.1 and subdivision (2) of subsection (b) of this section, and of a hand-to-eye recount under G.S. 163-182.7 and G.S. 163-182.7A, a board of elections shall rely in its canvass on the mechanical or electronic count of the vote rather than the full hand-to-eye count of the paper ballots or records. In the event of a material discrepancy between the electronic or mechanical count and a hand-to-eye count or recount, the hand-to-eye count or recount shall control, except where paper ballots or records have been lost or destroyed or where there is another reasonable basis to conclude that the hand-to-eye count is not the true count.
2. The State Board of Elections shall promulgate rules for the initial counting of official ballots. All election officials shall be governed by those rules. In promulgating those rules, the State Board shall adhere to the following guidelines:
   1. For each voting system used, the rules shall specify the role of precinct officials and of the county board of elections in the initial counting of official ballots.
   2. For optical scan and direct record electronic voting systems, and for any other voting systems in which ballots are counted other than on paper by hand and eye, those rules shall provide for a sample hand-to-eye count of the paper ballots of a sampling of a statewide ballot item in every county. The presidential ballot item shall be the subject of the sampling in a presidential election. If there is no statewide ballot item, the State Board shall provide a process for selecting district or local ballot items to adequately sample the electorate. The State Board shall approve in an open meeting the procedure for randomly selecting the sample precincts for each election. The random selection of precincts for any county shall be done publicly after the initial count of election returns for that county is publicly released or 24 hours after the polls close on election day, whichever is earlier. The sample chosen by the State Board shall be of one or more full precincts, full counts of mailed absentee ballots, and full counts of one or more one-stop early voting sites. The size of the sample of each category shall be chosen to produce a statistically significant result and shall be chosen after consultation with a statistician. The actual units shall be chosen at random. In the event of a material discrepancy between the electronic or mechanical count and a hand-to-eye count, the hand-to-eye count shall control, except where paper ballots have been lost or destroyed or where there is another reasonable basis to conclude that the hand-to-eye count is not the true count. If the discrepancy between the hand-to-eye count and the mechanical or electronic count is significant, a complete hand-to-eye count shall be conducted. The sample count need not be done on election night.
   3. The rules shall provide for accurate unofficial reporting of the results from the precinct to the county board of elections with reasonable speed on the night of the election.
   4. The rules shall provide for the prompt and secure transmission of official ballots from the voting place to the county board of elections.

The State Board shall direct the county boards of elections in the application of the principles and rules in individual circumstances.

History

(2001-398, s. 3; 2005-2, s. 5; 2005-323, s. 5(b); 2006-192, s. 7(b); 2006-264, s. 76(c); 2013-381, ss. 30.6, 49.4; 2014-111, s. 12(c); 2015-103, s. 6(b); 2017-6, s. 3; 2018-13, s. 3.11(b); 2018-146, s. 3.1(a), (b); 2020-17, s. 4.5(a).)

Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows:

§ 163-182.2. Initial counting of official ballots.

1. The initial counting of official ballots shall be conducted according to the following principles:
   1. Vote counting at the precinct shall occur immediately after the polls close and shall be continuous until completed.
   2. Vote counting at the precinct shall be conducted with the participation of precinct officials of all political parties then present. Vote counting at the county board of elections shall be conducted in the presence or under the supervision of board members of all political parties then present.
   3. Any member of the public wishing to witness the vote count at any level shall be allowed to do so. No witness shall interfere with the orderly counting of the official ballots. Witnesses shall not participate in the official counting of official ballots.
   4. Provisional official ballots shall be counted by the county board of elections before the canvass. If the county board finds that an individual voting a provisional official ballot is not eligible to vote in one or more ballot items on the official ballot, the board shall not count the official ballot in those ballot items, but shall count the official ballot in any ballot items for which the individual is eligible to vote. Eligibility shall be determined by whether the voter is registered in the county as provided in G.S. 163-82.1 and whether the voter is qualified by residency to vote in the election district as provided in G.S. 163-55 and G.S. 163-57. If a voter was properly registered to vote in the election by the county board, no mistake of an election official in giving the voter a ballot or in failing to comply with G.S. 163-82.15 or G.S. 163-166.11 shall serve to prevent the counting of the vote on any ballot item the voter was eligible by registration and qualified by residency to vote.
   5. Precinct officials shall provide a preliminary report of the vote counting to the county board of elections as quickly as possible. The preliminary report shall be unofficial and has no binding effect upon the official county canvass to follow.
   6. In counties that use any certified mechanical or electronic voting system, subject to the sample counts under G.S. 163-182.1 and subdivision (1a) of subsection (b) of this section, and of a hand-to-eye recount under G.S. 163-182.7 and G.S. 163-182.7A, a board of elections shall rely in its canvass on the mechanical or electronic count of the vote rather than the full hand-to-eye count of the paper ballots or records. In the event of a material discrepancy between the electronic or mechanical count and a hand-to-eye count or recount, the hand-to-eye count or recount shall control, except where paper ballots or records have been lost or destroyed or where there is another reasonable basis to conclude that the hand-to-eye count is not the true count.
2. The State Board of Elections shall promulgate rules for the initial counting of official ballots. All election officials shall be governed by those rules. In promulgating those rules, the State Board shall adhere to the following guidelines:
   1. For each voting system used, the rules shall specify the role of precinct officials and of the county board of elections in the initial counting of official ballots.
   2. (Effective until January 1, 2018) For optical scan and direct record electronic voting systems, and for any other voting systems in which ballots are counted other than on paper by hand and eye, those rules shall provide for a sample hand-to-eye count of the paper ballots or paper records of a sampling of a statewide ballot item in every county. The presidential ballot item shall be the subject of the sampling in a presidential election. If there is no statewide ballot item, the State Board shall provide a process for selecting district or local ballot items to adequately sample the electorate. The State Board shall approve in an open meeting the procedure for randomly selecting the sample precincts for each election. The random selection of precincts for any county shall be done publicly after the initial count of election returns for that county is publicly released or 24 hours after the polls close on election day, whichever is earlier. The sample chosen by the State Board shall be of one or more full precincts, full counts of mailed absentee ballots, and full counts of one or more one-stop early voting sites. The size of the sample of each category shall be chosen to produce a statistically significant result and shall be chosen after consultation with a statistician. The actual units shall be chosen at random. In the event of a material discrepancy between the electronic or mechanical count and a hand-toeye count, the hand-to-eye count shall control, except where paper ballots or records have been lost or destroyed or where there is another reasonable basis to conclude that the hand-to-eye count is not the true count. If the discrepancy between the hand-to-eye count and the
   3. (Effective January 1, 2018) For optical scan and direct record electronic voting systems, and for any other voting systems in which ballots are counted other than on paper by hand and eye, those rules shall provide for a sample hand-to-eye count of the paper ballots of a sampling of a statewide ballot item in every county. The presidential ballot item shall be the subject of the sampling in a presidential election. If there is no statewide ballot item, the State Board shall provide a process for selecting district or local ballot items to adequately sample the electorate. The State Board shall approve in an open meeting the procedure for randomly selecting the sample precincts for each election. The random selection of precincts for any county shall be done publicly after the initial count of election returns for that county is publicly released or 24 hours after the polls close on election day, whichever is earlier. The sample chosen by the State Board shall be of one or more full precincts, full counts of mailed absentee ballots, and full counts of one or more one-stop early voting sites. The size of the sample of each category shall be chosen to produce a statistically significant result and shall be chosen after consultation with a statistician. The actual units shall be chosen at random. In the event of a material discrepancy between the electronic or mechanical count and a hand-to-eye count, the hand-to-eye count shall control, except where paper ballots have been lost or destroyed or where there is another reasonable basis to conclude that the hand-to-eye count is not the true count. If the discrepancy between the hand-to-eye count and the mechanical or electronic count is significant, a complete hand-to-eye count shall be conducted. The sample count need not be done on election night.
   4. The rules shall provide for accurate unofficial reporting of the results from the precinct to the county board of elections with reasonable speed on the night of the election.
   5. The rules shall provide for the prompt and secure transmission of official ballots from the voting place to the county board of elections.

The State Board shall direct the county boards of elections in the application of the principles and rules in individual circumstances.

Editor's Note. - This section was recodified as now former G.S. 163A-1169 by Session Laws 2017-6, s. 3. Former G.S. 163A-1169 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2005-2, s. 1, provides: "The General Assembly makes the following findings:

"(1) In 2003, the General Assembly enacted S.L. 2003-226, which contained a number of changes to the State's election laws, designed in part to implement provisions of the federal Help America Vote Act of 2002 (HAVA) in such a way as to avoid having separate laws for federal and State elections and otherwise to encourage and expand the exercise of the franchise. One such enactment was codified as G.S. 163-166.11, which spells out procedures for the casting of provisional official ballots. A voter's eligibility to cast a provisional official ballot depends on being a registered voter in the jurisdiction in which the voter seeks to vote. The 'jurisdiction' in which a voter in North Carolina registers to vote is the county. This is the unmistakable meaning of G.S. 163-82.1 and has not heretofore been challenged or questioned.

"(2) In S.L. 2003-226, the General Assembly expressly stated its intent to 'ensure that the State of North Carolina has a system for all elections that complies with the requirements for federal elections set forth in' HAVA. It was then and is now the intent of the General Assembly that the provisions of HAVA be broadly construed and that they be implemented in North Carolina in a manner to ensure a unified system of federal and State elections in compliance with HAVA.

"(3) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that any individual who is a registered voter in a county but whose name does not appear on the official list of registered voters at the voting place at which that voter appears be allowed to cast a provisional official ballot.

"(4) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that all provisional ballots be counted for all those ballot items for which a voter was eligible to vote. In enacting G.S. 163-166.11 in 2003, the General Assembly was fully mindful of and intended to reinforce the fact that prior statutory enactments in 2001 had already recognized the right of a voter to cast a provisional ballot and to have that ballot counted for all items for which that voter was eligible to vote. See G.S. 163-182.2(a)(4). Even prior to 2003, the General Statutes recognized the right of a registered voter to cast a provisional ballot and to have that ballot counted for all those items for which the voter was duly qualified to vote.

"(5) When it enacted G.S. 163-166.11, it was then and is now the intent of the General Assembly that the State Board of Elections act in a manner that would result in a single system for federal and State elections, rather than one system for federal elections and another for State elections. In enacting G.S. 163-166.11 in 2003, the General Assembly was mindful of and intended to reinforce the fact that it had already provided in 2001 in G.S. 163-166.7(c)(6) that the State Board of Elections would adopt rules to ensure that voters 'not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.' The possibility of out-of-precinct provisional voting was thus recognized by the General Assembly as early as 2001.

"(6) The law regarding provisional ballots does not rest solely on G.S. 163-82.15(e), which addresses the narrow circumstance of 'Unreported Move[s] to Another Precinct Within the County.' Though that statute mentions two ways in which precinct officials may process registrants, it is not exclusive. G.S. 163-82.15(e) is part of the statutory Article on voter registration, rather than on voting, and should be read in that context. It was enacted in 1994, before provisional voting was codified in North Carolina. The enactment of G.S. 163-166.7(c)(6) in 2001 is the authority giving the State Board of Elections the duty to apply the broader laws of provisional voting, including G.S. 163-166.11. Any reading of G.S. 163-166.11 that would limit that statute's provisions to the narrower class of voting situations governed by the earlier enacted provisions of G.S. 163-82.15(e) would ignore the long-standing principle of statutory construction that statutes relating to the same subject matter should be reconciled in such a manner as to effect the scope and meaning of the later enactment and read in a manner that would tend most completely to secure the rights of all persons affected by the legislation. It was then and is now the intent of the General Assembly in enacting G.S. 163-166.11 to expand the exercise of the franchise, not to limit it or to restrict it by the terms of earlier and narrower enactments.

"(7) The State Board of Elections and all county boards of elections were following the intent of the General Assembly when they administered G.S. 163-166.11 and the earlier enacted statutes in G.S. 163-182.2(a)(4) and G.S. 163-166.7(c)(6) to count in whole or in part ballots cast by registered voters in the county who voted outside their resident precincts in the July 20, 2004, Primary, the August 17, 2004, Second Primary, and the November 2, 2004, General Election.

"(8) Several hundred thousand registered North Carolina voters cast ballots outside their resident precincts during the one-stop absentee balloting ('early voting') period pursuant to G.S. 163-227.2 prior to the General Election in November 2004, during the two primaries in 2004, and then on the date of the General Election in November 2004. There is no statutory basis upon which to distinguish out-of-precinct voting that occurred on the date of the General Election in November 2004 from out-of-precinct voting that occurred during the First and Second Primaries in 2004 or that occurred during the period of one-stop absentee ('early') voting prior to the General Election of 2004.

"(9) The General Assembly takes note of the fact that of those registered voters who happened to vote provisional ballots outside their resident precincts on the day of the November 2004 General Election, a disproportionately high percentage were African-American.

"(10) The General Assembly notes that in addition to provisional voting on the date of the General Election pursuant to G.S. 163-166.11, the General Statutes abound with provisions that allow voters to cast votes outside their resident precincts:

"a. Civilian absentee voting by mail, G.S. 163-226.

"b. Military and overseas citizens absentee voting, G.S. 163-245.

"c. One-stop absentee (early) voting, G.S. 163-227.2.

"d. Voting in a voting place on a lot adjacent to the precinct, G.S. 163-128.

"e. Temporarily voting in an adjacent precinct, G.S. 163-128.

"f. Voting in a precinct outside the voting place where no suitable facility exists inside it or adjacent to it, G.S. 163-130.1.

"g. Voting at a central location in the county by voters who no longer live in the precinct where their name is listed on registration lists, G.S. 163-82.15(e).

"All those provisions were enacted prior to G.S. 163-166.11. Most were enacted decades before. As many as 1,000,000 people in North Carolina may have cast out-of-precinct votes using all out-of-precinct methods in 2004.

"(11) It would be fundamentally unfair to discount the provisional official ballots cast by properly registered and duly qualified voters voting and acting in reliance on the statutes adopted by the General Assembly and administered by the State Board of Elections in accordance with its intent. Moreover, to subtract such ballots only from the count for the General Election of 2004 without also doing so for the First or Second Primaries of 2004 would create a bizarre result in which out-of-precinct provisional ballots are allowed to count for some elections but not others. The General Assembly did not and does not now intend to create such a system.

"(12) Even if the State Board of Elections had misread the language and intent of the General Statutes concerning provisional voting, which it did not do, it has been the long-standing and hitherto unquestioned law of this State, confirmed by prior decisions of the North Carolina Supreme Court, that an innocent voter's ballot shall not be disqualified because of errors or omissions by elections officials. This fundamental principle was adopted by Justice Samuel J. Ervin Jr. in the case of Owens v. Chaplin, 228 N.C. 705 (1948) using the following language:

'We can conceive of no principle which permits the disfranchisement of innocent voters for the mistake, or even the willful misconduct, of election officials in performing the duty cast upon them. The object of elections is to ascertain the popular will, and not to thwart it. The object of election laws is to secure the rights of duly-qualified electors, and not to defeat them.'

"See also Appeal of Judicial Review by Republican Candidates for Election in Clay County, 45 N.C. App. 556 (1980).

"The General Assembly endorses and reaffirms this fundamental principle.

"(13) It is the will of the people, as expressed through their representatives in the General Assembly, that the validity of the primaries and elections conducted in 2004 and certified by a county board of elections or the State Board of Elections, not be called into question by retroactively revisiting the propriety of provisional ballots cast by duly registered voters of a county.

"(14) To avoid all doubt and remove any possible future question as to the General Assembly's plain intent with respect to the subject of provisional voting, and to avoid misinterpretation of any other statute, the General Assembly enacts Sections 2 through 5 of this act."

Session Laws 2013-381, s. 30.8, as amended by Session Laws 2015-103, s. 6(a), Session Laws 2018-13, s. 3.11(a), and Session Laws 2019-177, s. 10.1(a), provides: "Any direct record electronic (DRE) voting systems currently certified by the State Board of Elections and Ethics Enforcement which do not use paper ballots shall be decertified and shall not be used in any election held on or after December 1, 2019. Decertification of a DRE voting system that does not use paper ballots may not be appealed to the Superior Court of Wake County pursuant to G.S. 163A-1115(d)."

Session Laws 2013-381, s. 30.9, as amended by Session Laws 2015-103, s. 6(b), Session Laws 2018-13, s. 3.11(b), and Session Laws 2019-177, s. 10.1(b), provides: "This Part becomes effective December 1, 2019, for counties that use direct record electronic voting machines."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Session Laws 2019-239, s. 3(a), provides: "Notwithstanding Section 3.11 of S.L. 2018-13, the State Board of Elections (State Board) may authorize, upon such terms and conditions as the State Board deems appropriate, a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied:

"(1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county.

"(2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections.

"(3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9."

Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-239, s. 5.14, is a severability clause.

Effect of Amendments. - Session Laws 2005-323, s. 5(b), effective January 1, 2006, added subdivisions (a)(6) and (b)(1a).

Session Laws 2006-192, s. 7(b), effective August 3, 2006, added the fourth and fifth sentences in subdivision (b)(1a).

Session Laws 2006-264, s. 76(c), effective August 27, 2006, in subdivision (b)(1a), in the fourth sentence, inserted "one or more" twice and "mailed" preceding "absentee ballots", and added the last sentence.

Session Laws 2013-381, s. 30.6, in subdivision (b)(1a), deleted "or paper records" following "paper ballots" in the first sentence, and "or records" following "paper ballots" in the ninth sentence. For effective date and applicability, see editor's note.

Session Laws 2013-381, s. 49.4, effective January 1, 2014, substituted "precinct" for "election district" in the third sentence of subdivision (a)(4).

Session Laws 2014-111, s. 12(c), effective August 6, 2014, rewrote subdivision (a)(4).

Session Laws 2020-17, s. 4.5(a), effective June 12, 2020, in subdivision (a)(5), added "on election day" in the first sentence, added "and shall include the number of provisional ballots cast in that precinct" at the end of the second sentence, and made a related punctuation change.

§ 163-182.3. Responsibility of chief judge.

The chief judge of each precinct shall be responsible for the adherence of the precinct officials to the State Board rules for counting, reporting, and transmitting official ballots.

History

(2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1170 by Session Laws 2017-6, s. 3. Former G.S. 163A-1170 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-182.4. Jurisdiction for certain ballot items.

1. Jurisdiction of County Board of Elections. - As used in this Part, the county board of elections shall have jurisdiction over the following:
   1. Offices of that county, including clerk of superior court and register of deeds.
   2. Membership in either house of the General Assembly from a district lying entirely within that county.
   3. Offices of municipalities, unless the municipality has a valid board of election.
   4. Referenda in which only residents of that county are eligible to vote.
2. Jurisdiction of State Board of Elections. - As used in this Article, the State Board of Elections shall have jurisdiction over the following:
   1. National offices.
   2. State offices.
   3. District offices (including General Assembly seats) in which the district lies in more than one county.
   4. Superior court judge, district court judge, and district attorney, regardless of whether the district lies entirely in one county or in more than one county.
   5. Referenda in which residents of more than one county are eligible to vote.
3. For the purposes of this Article, having jurisdiction shall mean that the appropriate board shall do all of the following with regard to the ballot item:
   1. Canvass for the entire electorate for the ballot item.
   2. Prepare abstracts or composite abstracts for the entire electorate for the ballot item.
   3. Issue certificates of nomination and election.

History

(2001-398, s. 3; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1171 by Session Laws 2017-6, s. 3. Former G.S. 163A-1171 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

§ 163-182.5. Canvassing votes.

1. The Canvass. - As used in this Article, the term "canvass" means the entire process of determining that the votes have been counted and tabulated correctly, culminating in the authentication of the official election results. The board of elections conducting a canvass has authority to send for papers and persons and to examine them and pass upon the legality of disputed ballots.
2. Canvassing by County Board of Elections. - The county board of elections shall meet at 11:00 A.M. on the tenth day after every election to complete the canvass of votes cast and to authenticate the count in every ballot item in the county by determining that the votes have been counted and tabulated correctly. If, despite due diligence by election officials, the initial counting of all the votes has not been completed by that time, the county board may hold the canvass meeting a reasonable time thereafter. The canvass meeting shall be at the county board of elections office, unless the county board, by unanimous vote of all its members, designates another site within the county. The county board shall examine the returns from precincts, from absentee official ballots, from the sample hand-to-eye paper ballot counts, and from provisional official ballots and shall conduct the canvass.
3. Canvassing by State Board of Elections. - After each general election, the State Board of Elections shall meet at 11:00 A.M. on the Tuesday three weeks after election day to complete the canvass of votes cast in all ballot items within the jurisdiction of the State Board of Elections and to authenticate the count in every ballot item in the county by determining that the votes have been counted and tabulated correctly. After each primary, the State Board shall fix the date of its canvass meeting. If, by the time of its scheduled canvass meeting, the State Board has not received the county canvasses, the State Board may adjourn for not more than 10 days to secure the missing abstracts. In obtaining them, the State Board is authorized to secure the originals or copies from the appropriate clerks of superior court or county boards of elections, at the expense of the counties.

History

(2001-398, s. 3; 2003-278, s. 10(a); 2005-323, s. 5(c); 2005-428, s. 11(a); 2016-109, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Editor's Note. - This section was recodified as now former G.S. 163A-1172 by Session Laws 2017-6, s. 3. Former G.S. 163A-1172 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified.

Session Laws 2016-109, s. 10, made the amendment to subsection (b) by Session Laws 2016-109, s. 1, applicable to elections held on or after July 22, 2016.

Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.

Effect of Amendments. - Session Laws 2003-278, s. 10.(a), effective January 1, 2004, substituted "seventh day" for "third day (Sunday excepted)" in the first sentence of subsection (b).

Session Laws 2005-323, s. 5(c), effective January 1, 2006, inserted "from the sample hand-to-eye paper ballot counts" in the last sentence of subsection (b).

Session Laws 2005-428, s. 11(a), effective January 1, 2006, and applicable to all primaries and elections held on or after that date, in the first sentence of subsection (b), substituted "tenth" for "seventh" and inserted "held on the same day as a general election in November of the even-numbered year, and at 11:00 A.M. on the seventh day after every other election."

Session Laws 2016-109, s. 1, effective July 22, 2016, in subsection (b), deleted "held on the same day as a general election in November of the even numbered year, and at 11:00 A.M. on the seventh day after every other election" following "after every election." See editor's note for applicability.