Bill Text: NC H1115 | 2017-2018 | Regular Session | Amended

North Carolina House Bill 1115 (Prior Session Legislation)

Bill Title: Let North Carolina Vote Act

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2018-12-04 - Ref To Com On Rules, Calendar, and Operations of the House [H1115 Detail]

Download: North_Carolina-2017-H1115-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H 1

HOUSE BILL 1115

Short Title: Let North Carolina Vote Act.		(Public)
Sponsors:	Representatives Meyer, Morey, Farmer-Butterfield, and John (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Rules, Calendar, and Operations of the House

December 4, 2018

A BILL TO BE ENTITLED

AN ACT providing for automatic voter registration at drivers license offices, public agencies, community colleges, and colleges and universities of the university of north carolina SYSTEM; requiring the bipartisan state board of elections and ethics enforcement to implement an outreach campaign informing citizens about automatic voter registration; allowing individuals who meet the criteria to register to vote or change voter registration online; reestablishing same day registration, including on election day; reestablishing the program to preregister 16 and 17 year olds; and implementing the constitutional requirement of photographic identification to vote in person.

The General Assembly of North Carolina enacts:

PART I. UNIVERSAL VOTER REGISTRATION

SECTION 1.1 G.S. 163A‑862 reads as rewritten:

"§ 163A‑862. Voter registration application ~~forms.~~forms; automatic voter registration at certain agencies.

(a) Form Developed by State Board. � The State Board 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.

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. 163A‑862.

(b) 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. 163A‑865.

(c) Agency ~~Application Form.~~Application. � 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~~automatic voter registration developed pursuant to G.S. 163A‑883 or G.S. 163A‑884."

SECTION 1.2. G.S. 163A‑865 reads as rewritten:

"§ 163A‑865. Acceptance of application forms.

(a) How the Form May Be Submitted. � The county board of elections shall accept any form described in G.S. 163A‑862 if the applicant submits the form by mail, facsimile transmission, transmission of a scanned document, or in ~~person.~~person or by automatic voter registration pursuant to G.S. 163A‑883, 163A‑884, 115D‑5, or 116‑11. 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.

�

(d) 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, or by automatic voter registration, 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.

�."

SECTION 1.3. G.S. 163A‑883 reads as rewritten:

"§ 163A‑883. ~~Voter~~ Automatic voter registration at drivers license offices; coordination on data interface.

(a) Automatic Voter Registration at Drivers License Offices. � ~~The~~ Beginning January 1, 2019, the Division of Motor Vehicles shall, ~~pursuant to the rules adopted by~~in consultation with the State Board, ~~modify its forms so that~~implement a method by which 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~~shall be automatically registered to vote, or able 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. 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. 163A‑870. 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. 163A‑870. inform the applicant of the following:

(1) That the applicant shall be registered to vote or have the applicant's voter registration record updated, as applicable, unless the applicant declines.

(2) The qualifications to vote under G.S. 163A‑841.

(3) That the applicant should not register if the applicant does not meet the qualifications described under subdivision (2) of this subsection.

(4) That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.

(5) That if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and be used for voter registration purposes only.

(6) Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.

(a1) Requirements. � If the applicant does not decline voter registration, the person taking the application shall require the applicant to provide all information requested of the applicant under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the applicant fails to declare a political party affiliation, the applicant's political affiliation shall be designated as unaffiliated. The applicant shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the applicant attests that the information provided by the applicant is true and the applicant meets all qualifications to become a registered voter.

(a2) When Registration Effective. � Registration shall become effective as provided in G.S. 163A‑867. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163A‑865(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.

(a3) Transmittal from Department of Transportation to Board of Elections. � ~~All applications shall be forwarded by the~~The Department of Transportation shall electronically transmit the applications of applicants who have not declined voter registration 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. Those rules shall provide for a paperless, instant, electronic transfer of applications to the appropriate board of elections.

(a4) Confidentiality of Declination to Register. � No information relating to a declination to register to vote in connection with a voter registration application at a Division of Motor Vehicles office may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).

(b) Ineligible Applications Prohibited. � ~~Any~~ If a person who is ineligible to vote becomes registered to vote pursuant to this section, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person. However, any person who willfully and knowingly and with fraudulent intent gives false information on the application ~~[described in subsection (a) of this section]~~described under this section is guilty of a Class I felony.

(c) Coordination on Data Interface. � The Department of Transportation jointly with the State Board 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 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.

(d) No Requirement to Determine Eligibility. � Nothing in this section shall be construed as requiring the Department of Transportation to determine eligibility for voter registration and voting."

SECTION 1.4. G.S. 163A‑884 reads as rewritten:

"§ 163A‑884. Voter registration at other public ~~agencies.~~agencies; automatic voter registration.

(a) 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; 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.

(b) Duties of Voter Registration ~~Agencies.~~Agencies; Automatic Voter Registration Information. � A Beginning January 1, 2020, a voter registration agency described in subsection (a) of this section shall, ~~unless the applicant declines, in writing, to register to vote:~~in consultation with the State Board, provide, with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance, an application process for automatic voter registration. The person taking the application shall inform the applicant of the following:

(1) ~~Distribute with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance:~~

a. ~~The voter registration application form described in G.S. 163A‑863(a) or (b); or~~

b. The voter registration agency's own form, if it is substantially equivalent to the form described in G.S. 163A‑863(a) or (b) and has been approved by the State Board, 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.

That the applicant shall be registered to vote or have the applicant's voter registration record updated, as applicable, unless the applicant declines.

(2) ~~Provide a form that contains the elements required by section 7(a)(6)(B) of the National Voter Registration Act; and~~The qualifications to vote under G.S. 163A‑841.

(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.That the applicant should not register if the applicant does not meet the qualifications described under subdivision (2) of this subsection.

(4) That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.

(5) That if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and be used for voter registration purposes only.

(b1) Requirements. � If the applicant does not decline voter registration, the person taking the application shall require the applicant to provide all information requested of the applicant under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the applicant fails to declare a political party affiliation, the applicant's political affiliation shall be designated as unaffiliated. The applicant shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the applicant attests that the information provided by the applicant is true and that the applicant meets all qualifications to become a registered voter.

(c) Employment Security Law Applicants. � 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.

(d) 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. However, the agency is not required to provide automatic voter registration at the person's home.

�

(f) 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. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).

(g) 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 transmittedThe agency shall electronically transmit the applications of applicants who did not decline voter registration 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.

�

(i) 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. However, if a person who is ineligible to vote becomes registered to vote pursuant to this section, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.

(j) No Requirement to Determine Eligibility. � Nothing in this section shall be construed as requiring agencies to determine eligibility for voter registration and voting."

SECTION 1.5.(a) G.S. 163A‑885 reads as rewritten:

"§ 163A‑885. Voter registration upon restoration of citizenship.

The State Board, 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.~~vote, including informing the person of automatic voter registration in accordance with G.S. 163A‑883 or G.S. 163A‑884.

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."

SECTION 1.5.(b) G.S. 163A‑885, as amended by subsection (a) of this section, reads as rewritten:

"§ 163A‑885. Voter registration upon restoration of citizenship.

(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, including informing the person of automatic voter registration in accordance with ~~G.S. 163A‑883 or G.S. 163A‑884.~~G.S. 163A‑883, 163A‑884, 115D‑5, or 116‑11.

SECTION 1.6. G.S. 115D‑5 reads as rewritten:

"§ 115D‑5. Administration of institutions by State Board of Community Colleges; personnel exempt from North Carolina Human Resources Act; extension courses; tuition waiver; in‑plant training; contracting, etc., for establishment and operation of extension units of the community college system; use of existing public school ~~facilities.~~facilities; automatic voter registration.

�

(z) Automatic Voter Registration. � Beginning January 1, 2020, the State Board of Community Colleges, in consultation with the Bipartisan State Board of Elections and Ethics Enforcement, shall provide each person who is enrolled and registering for courses as a student in a State community college the option for automatic voter registration as follows:

(1) Information provided to student. � In providing an automatic voter registration application process, the person taking the application shall inform the student of the following:

a. That the student shall be registered to vote or have the student's voter registration record updated, as applicable, unless the student declines.

b. The qualifications to vote under G.S. 163A‑841.

c. That the student should not register if the student does not meet the qualifications described under sub‑subdivision b. of this subdivision.

d. That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.

e. That if the student declines to register to vote, the fact that the student has declined to register will remain confidential and be used for voter registration purposes only.

f. Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.

(2) Requirements. � If the student does not decline voter registration, the person taking the application shall require the student to provide all information requested of the student under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the student fails to declare a political party affiliation, the student's political affiliation shall be designated as unaffiliated. The student shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the student attests that the information provided by the student is true and the student meets all qualifications to become a registered voter.

(3) Confidentiality of declination to register. � No information relating to a declination to register to vote in connection with an application made at a State community college may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).

(4) Transmittal from State community college to board of elections. � The State community college shall electronically transmit the applications of students who did not decline voter registration 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.

(5) Twenty‑five‑day deadline for an election. � Applications to register accepted by a State community college 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 State community colleges from continuing to accept applications during that period.

(6) Ineligible applications prohibited. � No person shall make application to register to vote under this subsection 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. However, if a person who is ineligible to vote becomes registered to vote pursuant to this subsection, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.

(7) No requirement to determine eligibility. � Nothing in this subsection shall be construed as requiring State community colleges to determine eligibility for voter registration and voting."

SECTION 1.7. G.S. 116‑11 is amended by adding a new subdivision to read:

"(15) Automatic voter registration. � Beginning January 1, 2020, the Board of Governors, in consultation with the Bipartisan State Board of Elections and Ethics Enforcement, shall provide each person who is enrolled and registering for courses as a student in a State college or university in The University of North Carolina System the option for automatic voter registration as follows:

a. Information provided to student. � In providing an automatic voter registration application process, the person taking the application shall inform the student of the following:

1. That the student shall be registered to vote or have the student's voter registration record updated, as applicable, unless the student declines.

2. The qualifications to vote under G.S. 163A‑841.

3. That the student should not register if the student does not meet the qualifications described under sub‑subdivision a.2. of this sub‑subdivision.

4. That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.

5. That if the student declines to register to vote, the fact that the student has declined to register will remain confidential and be used for voter registration purposes only.

6. Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.

b. Requirements. � If the student does not decline voter registration, the person taking the application shall require the student to provide all information requested of the student under G.S. 163A‑863, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the student fails to declare a political party affiliation, the student's political affiliation shall be designated as unaffiliated. The student shall provide an electronic signature as required under G.S. 163A‑865(b), subject to the penalty of perjury, by which the student attests that the information provided by the student is true and the student meets all qualifications to become a registered voter.

c. Confidentiality of declination to register. � No information relating to a declination to register to vote in connection with an application made at a State college or university in The University of North Carolina System may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163A‑863(b), including compliance with any voter registration requirements under G.S. 163A‑871(d).

d. Transmittal From State college or university to board of elections. � The State college or university in The University of North Carolina System shall electronically transmit the applications of students who did not decline voter registration 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.

e. Twenty‑five‑day deadline for an election. � Applications to register accepted by a State college or university in The University of North Carolina System 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 State colleges or universities in The University of North Carolina System from continuing to accept applications during that period.

f. Ineligible applications prohibited. � No person shall make application to register to vote under this subdivision 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. However, if a person who is ineligible to vote becomes registered to vote pursuant to this subdivision, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.

g. No requirement to determine eligibility. � Nothing in this subdivision shall be construed as requiring State colleges or universities in The University of North Carolina System to determine eligibility for voter registration and voting."

SECTION 1.8. The Bipartisan State Board of Elections and Ethics Enforcement shall establish and implement an education and outreach campaign to inform voters of the automatic voter registration procedures established pursuant to this Part.

SECTION 1.9. Sections 1.1 through 1.3 and Section 1.5(a) of this act become effective January 1, 2020. Sections 1.4, 1.5(b), 1.6, and 1.7 of this act become effective January 1, 2021.

PART II. SAME DAY VOTER REGISTRATION

SECTION 2.1. Article 17 of Chapter 163A of the General Statutes is amended by adding a new section to read:

"§ 163A‑866.5. In‑person registration and voting.

(a) 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 in the person's county of residence on election day or during the period for one‑stop voting provided under G.S. 163A‑1300. 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.

(b) 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. 163A‑863, including the attestation requirement of G.S. 163A‑863(b) that the person meets each eligibility requirement. Such attestation is signed under penalty of a Class I felony under G.S. 163A‑1389(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. 163A‑1144(a)(2). The State Board of Elections may designate additional documents or methods that suffice and shall prescribe procedures for establishing proof of residence.

(c) Voting With Retrievable Ballot. � A person who registers under this section shall vote a retrievable ballot 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, if the early one‑stop period has not closed.

(d) 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. 163A‑875, update the statewide registration database and search for possible duplicate registrations, and proceed under G.S. 163A‑867 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.

(e) 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."

SECTION 2.2. G.S. 163A‑843 reads as rewritten:

"§ 163A‑843. 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. 163A‑989 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. 163A‑865(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. Such a person also may register and vote in the primary and general election pursuant to G.S. 163A‑866.5."

SECTION 2.3. G.S. 163A‑865(d) reads as rewritten:

"(d) Registration Deadlines for a Primary or Election. � In order to be valid for a primary or election, except as provided in G.S. 163‑866.5, the form:

(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,

SECTION 2.4. G.S. 163A‑1144(d) reads as rewritten:

"(d) 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. 163A‑875 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. 163A‑866.5, the identification documents required in that section, rather than those described in subsection (a) or (b) of this section, apply."

SECTION 2.5. G.S. 163A‑1300(a) reads as rewritten:

"(a) Any voter eligible to vote by absentee ballot under G.S. 163A‑1295 may request an application for absentee ballots, complete the application, and vote under the provisions of this section and ~~G.S. 163A‑1301,~~ G.S. 163A‑866.5, 163A‑1301, 163A‑1302, 163A‑1303, and 163A‑1304."

SECTION 2.6. G.S. 163A‑1587 reads as rewritten:

"§ 163A‑1587. 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.

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 election, shall be entitled to register while the registration books are open during the regular registration period prior to the primary and then to vote in the primary after being registered, provided however, under full‑time and permanent registration, such an individual may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163A‑865(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. Such a person also may register and vote in the primary and general election pursuant to G.S. 163‑866.5."

SECTION 2.7. G.S. 163A‑1588 reads as rewritten:

"§ 163A‑1588. Voting in nonpartisan primary.

Any person who will become qualified by age to register and vote in the general election for which a nonpartisan 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 a person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163A‑865(d) prior to the primary. Such a person also may register and vote in the primary and general election pursuant to G.S. 163A‑866.5."

PART III. PHOTOGRAPHIC IDENTIFICATION FOR VOTING IN PERSON

SECTION 3.1(a) Article 17 of Chapter 163A of the General Statutes is amended by adding a new section to read:

"§ 163A‑869.1. Voter photo identification cards.

(a) The county board of elections shall, in accordance with this section, issue without charge voter photo identification cards upon request to registered voters. The voter photo identification cards shall contain a photograph of the voter and the registration number for that voter. The voter photo identification card shall be used for voting purposes only and shall expire eight years from the date of issuance.

(b) The State Board shall make available to county board of elections the equipment necessary to print voter photo identification cards. The county board of elections shall operate and maintain the equipment necessary to print voter photo identification cards.

(1) A registered voter seeking to obtain a voter photo identification card shall provide the 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.

(3) If the registered voter loses or defaces the voter's photo identification card, the voter may obtain a duplicate card without charge from his or her county board of registration upon request in person, or by telephone or mail."

SECTION 3.1(b) Voter photo identification cards, as required by G.S 163A‑869.1, as enacted by this act, shall be available on request no later than July 1, 2019. The State Board shall adopt temporary rules to implement G.S. 163A‑869.1, as enacted by this act, no later than April 15, 2019.

SECTION 4.2 Article 20 of Chapter 163A of the General Statutes is amended by adding a new section to read:

"§ 163A‑1145.1. Requirement for photo identification to vote in person.

(a) Photo Identification Required to Vote. � When a voter presents to vote in person, the voter shall produce any of the following forms of identification that contain a photograph of the voter, whether expired or unexpired or without an expiration:

(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 voter issued pursuant to G.S. 163A‑869.1.

(5) A valid and current tribal enrollment card issued by a federally recognized tribe.

(6) A valid and current tribal enrollment card issued by a tribe recognized by this State under Chapter 71A of the General Statutes, provided that card meets all of the following criteria:

a. Is issued in accordance with a process approved by the State Board that requires an application and proof of identity equivalent to the requirements for issuance of a special identification card by the Division of Motor Vehicles of the Department of Transportation.

b. Is signed by an elected official of the tribe.

(7) A student identification card issued by an institution of higher learning, including an identification card issued by The University of North Carolina or its constituent institutions or an identification card issued by a North Carolina community college.

(8) 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.

(9) A military identification card issued by the United States government.

(10) A Veterans Identification Card issued by the United States Department of Veterans Affairs for use at Veterans Administration medical facilities.

(11) Any expired form of identification allowed in this subsection presented by a voter having attained the age of 70 years at the time of presentation at the voting place, provided that the identification was unexpired on the voter's seventieth birthday.

(12) An employee identification card.

(13) A government-issued identification card.

(b) Verification of Photo Identification. � After presentation of the required identification described in subsection (a) of this section, the precinct officials assigned to check registration shall compare the photograph contained on the required identification with the person presenting to vote. The precinct official shall verify that the photograph is that of the person seeking to vote. If the precinct official disputes that the photograph contained on the required identification is the person presenting to vote, a challenge shall be conducted in accordance with the procedures of G.S. 163A‑914.

(c) Provisional Ballot Required Without Photo Identification. � If the registered voter cannot produce the identification as required in subsection (a) of this section, the voter may cast a provisional ballot that is counted only if the voter brings a valid and current photo identification to the county board of elections no later than the end of business on the business day prior to the canvass by the county board of elections as provided in G.S. 163A‑1172.

(d) Exceptions. � The following exceptions are provided for a voter who does not produce a valid and current photograph identification as required in subsection (a):

(1) Religious Objection. � If a voter does not produce a valid and current photograph identification due to a religious objection to being photographed, the voter may complete an affidavit under penalty of perjury at the voting place and affirm that the 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 voter may cast a provisional ballot.

(2) Reasonable Impediment. � If a voter does not produce a valid and current photograph identification because the voter suffers from a reasonable impediment that prevents the voter from obtaining photograph identification, the voter may complete an affidavit under the penalty of perjury at the polling place and affirm that the voter: (i) is the same individual who personally appears at the polling place; (ii) will cast the provisional ballot while voting in person; and (iii) suffers from a reasonable impediment that prevents the voter from obtaining photograph identification. The voter also shall list the impediment, unless otherwise prohibited by State or federal law. Upon completion of the affidavit, the voter may cast a provisional ballot.

(3) Natural Disaster. � If a voter is a victim of a natural disaster occurring within 60 days before election day that resulted in a disaster declaration by the President of the United States or the Governor of this State who declares the lack of photo identification due to the natural disaster on a form provided by the State Board, that voter shall not be required to provide photo identification in any county subject to such declaration. The form shall be available from the State Board of Elections, from each county board of elections in a county subject to the disaster declaration, and at each polling place and one‑stop early voting site in that county. The voter shall submit the completed form at the time of voting.

(e) County Board Review of Exceptions. � If the county board of elections determines that the voter voted a provisional ballot only due to the inability to provide proof of identification and the required affidavit required in subsection (d) of this section is submitted, the county board of elections shall find that the provisional ballot is valid unless the county board has grounds to believe the affidavit is false.

(f) Purpose. � The purpose of the identification required pursuant to subsection (a) of this section is to confirm the person presenting to vote is the voter on the voter registration records. Any address listed on the identification is not determinative of a voter's residence for the purpose of voting. A voter's residence for the purpose of voting is determined pursuant to G.S. 163A‑842."

SECTION 4.3.(a) G.S. 20‑37.7(d) reads as rewritten:

"(d) Expiration and Fee. � A special identification card issued to a person for the first time under this section expires when a drivers license issued on the same day to that person would expire. A special identification card renewed under this section expires when a drivers license renewed by the card holder on the same day would expire.

The fee for a special identification card is the same as the fee set in G.S. 20‑14 for a duplicate license. The fee does not apply to a special identification card issued to a resident of this State as follows:

(1) The applicant is legally blind.

(2) The applicant is at least 70 17 years old.

(3) The applicant or who has been issued a drivers license but the drivers license is cancelled under G.S. 20‑15, in accordance with G.S. 20‑9(e) and (g), as a result of a physical or mental disability or disease.

(4) The applicant is homeless. To obtain a special identification card without paying a fee, a homeless person must present a letter to the Division from the director of a facility that provides care or shelter to homeless persons verifying that the person is homeless.

~~(5)~~ The applicant is registered to vote in this State and does not have photo identification acceptable under G.S. 163A‑1145. To obtain a special identification card without paying a fee, a registered voter shall sign a declaration stating the registered voter is registered and does not have other photo identification acceptable under G.S. 163A‑1145. The Division shall verify that voter registration prior to issuing the special identification card. Any declaration shall prominently include the penalty under G.S. 163A‑1389(13) for falsely making the declaration.

~~(6)~~ The applicant is appearing before the Division for the purpose of registering to vote in accordance with G.S. 163A‑883 and does not have other photo identification acceptable under G.S. 163A‑1145. To obtain a special identification card without paying a fee, that applicant shall sign a declaration stating that applicant is registering to vote and does not have other photo identification acceptable under G.S. 163A‑1145. Any declaration shall prominently include the penalty under G.S. 163A‑1389(13) for falsely making the declaration.

(7) The applicant has a developmental disability. To obtain a special identification card without paying a fee pursuant to this subdivision, an applicant must present a letter from his or her primary care provider certifying that the applicant has a developmental disability. For purposes of this subdivision, the term "developmental disability" has the same meaning as in G.S. 122C‑3."

SECTION 4.3(b) G.S. 20‑7(b4) reads as rewritten:

"(b4) Examples of documents that are reasonably reliable indicators of residency include, but are not limited to, any of the following:

(1) A pay stub with the payee's address.

(2) A utility bill showing the address of the applicant‑payor.

(3) A contract for an apartment, house, modular unit, or manufactured home with a North Carolina address signed by the applicant.

(4) A receipt for personal property taxes paid.

(5) A receipt for real property taxes paid to a North Carolina locality.

(6) A current automobile insurance policy issued to the applicant and showing the applicant's address.

(7) A monthly or quarterly financial statement from a North Carolina regulated financial institution.

(8), (9) Repealed by Session Laws 2015‑294, s. 12, effective October 1, 2015, and applicable to contracts entered into on or after that date.

(10) A North Carolina voter registration card issued pursuant to G.S. 163A‑869."

SECTION 4.4(a) G.S. 163A‑1137(a) reads as rewritten:

"(a) Checking Registration. � A person seeking to vote shall enter the voting enclosure through the appropriate entrance. A precinct official assigned to check registration shall at once ask the voter to state current name and residence address. The voter shall answer by stating current name and residence address and presenting photo identification in accordance with ~~G.S. 163A‑1145.~~G.S. 163A‑1145.1. In a primary election, that voter shall also be asked to state, and shall state, the political party with which the voter is affiliated or, if unaffiliated, the authorizing party in which the voter wishes to vote. After examination, that official shall state whether that voter is duly registered to vote in that precinct and shall direct that voter to the voting equipment or to the official assigned to distribute official ballots. If a precinct official states that the person is duly registered, the person shall sign the pollbook, other voting record, or voter authorization document in accordance with subsection (c) of this section before voting."

SECTION 4.4(b) G.S. 163A‑1300(b) reads as rewritten:

"(b) Not earlier than the third Wednesday before an election, in which absentee ballots are authorized, in which a voter seeks to vote and not later than 7:00 P.M. on the last Friday before that election, the voter shall appear in person only at the office of the county board of elections, except as provided in G.S. 163A‑1303. That voter shall enter the voting enclosure at the board office through the appropriate entrance and shall at once state his or her name and place of residence to an authorized member or employee of the board and present photo identification in accordance with ~~G.S. 163A‑1145.~~G.S. 163A‑1145.1. In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party under G.S. 163A‑989, the voter shall state the name of the authorizing political party in whose primary he wishes to vote. The board member or employee to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice. After examining the registration records, an employee of the board shall state whether the person seeking to vote is duly registered. If the voter is found to be registered that voter may request that the authorized member or employee of the board furnish the voter with an application form as specified in G.S. 163A‑1391. The voter shall complete the application in the presence of the authorized member or employee of the board, and shall deliver the application to that person."

SECTION 4.5(a) The 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 Web sites.

(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.

(7) Notify each registered voter who does not have a North Carolina issued drivers license or identification card 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.

(8) In addition to the items above, the State Board may implement additional educational programs in its discretion.

SECTION 4.5(b) The State Board is directed to create a list containing all registered voters of North Carolina who are otherwise qualified to vote but do not have a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles of the Department of Transportation, as of September 1, 2019. The list must be made available to any registered voter upon request. The State Board may charge a reasonable fee for the provision of the list in order to recover associated costs of producing the list. The Division of Motor Vehicles must provide the list of persons with a North Carolina drivers license or other form of identification containing a photograph issued by the Division of Motor Vehicles at no cost to the State Board.

SECTION 5.(a) Sections 1.1, 5.2, 5.4, and 5.5 of S.L. 2013‑381 are repealed.

SECTION 5.(b) Section 5.3 of S.L. 2013‑381, as amended by Section 8(g) of S.L. 2015‑103, is repealed.

SECTION 6.1(a) G.S. 163A‑868 is repealed.

SECTION 6.1(b) G.S. 163A‑869(e) reads as rewritten:

"(e) Display of Card May Not Be Required to Vote. � No county board of elections may require that a voter registration card be displayed in order to vote. A county board of elections may notify a voter that the voter's registration card may be used for the required identification in conjunction with a reasonable impediment declaration in accordance with G.S. 163A‑1147."

SECTION 6.1(c) G.S. 163A‑913 reads as rewritten:

"§ 163A‑913. Challenges allowed on day of primary or election.

On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the county may exercise the right of challenge, and when the voter does so may enter the voting enclosure to make the challenge, but the voter shall retire therefrom as soon as the challenge is heard.

On the day of a primary or election, any other registered voter of the county may challenge a person for one or more of the following reasons:

(1) One or more of the reasons listed in G.S. 163A‑911(c).

(2) That the person has already voted in that primary or election.

(3) If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party.

~~(4)~~ ~~Except as provided in G.S. 163A‑1145(d) and G.S. 163A‑1146, the voter does not present photo identification in accordance with G.S. 163A‑1145.~~

(4a) The voter does not present photo identification in accordance with G.S. 163A‑1145.1.

The chief judge, judge, or assistant appointed under G.S. 163A‑815 or 163A‑818 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge, judge, or assistant.

If a person is challenged under this subsection, and the challenge is sustained under G.S. 163A‑911(c)(3), the voter may still transfer that voter's registration under G.S. 163A‑878(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163A‑919(a) if the transfer is made. A person who has transferred that voter's registration under G.S. 163A‑911(c)(3) may be challenged at the precinct to which the registration is being transferred."

SECTION 6.1(d) G.S. 163A‑1140(b) is repealed.

SECTION 6.1(e) G.S. 163A‑1145 is repealed.

SECTION 6.1(f) G.S. 163A‑1146 is repealed.

SECTION 6.1(g) G.S. 163A‑1147 is repealed.

SECTION 6.1(h) G.S. 163A‑1167 is repealed.

SECTION 6.1(i) G.S. 163A‑1168 is repealed.

SECTION 6.1(j) G.S. 163A‑1301 is repealed.

SECTION 6.2(a) G.S. 130A‑93.1(c) reads as rewritten:

"(c) Upon verification of voter registration, the State Registrar shall not charge any fee under subsection (a) of this section to a registered voter who signs a declaration stating the registered voter is registered to vote in this State and does not have a certified copy of that registered voter's birth certificate or marriage license necessary to obtain photo identification acceptable under ~~G.S. 163A‑1145.~~ G.S. 163A‑1145.1. Any declaration shall prominently include the penalty under G.S. 163A‑1389(13) for falsely or fraudulently making the declaration."

SECTION 6.2(b) G.S. 161‑10(a)(8) reads as rewritten:

"(8) Certified Copies of Birth and Death Certificates and Marriage Licenses. � For furnishing a certified copy of a death or birth certificate or marriage license ten dollars ($10.00). Provided however, a register of deeds, in accordance with G.S. 130A‑93, may issue without charge a certified birth certificate to any person over the age of 62 years. Provided, however, upon verification of voter registration, a register of deeds, in accordance with G.S. 130A‑93, shall issue without charge a certified copy of a birth certificate or a certified copy of a marriage license to any registered voter who declares the registered voter is registered to vote in this State and does not have a certified copy of that registered voter's birth certificate or marriage license necessary to obtain photo identification acceptable under ~~G.S. 163A‑1145.~~ G.S. 163A‑1145.1. Any declaration shall prominently include the penalty under G.S. 163A‑1389(13) for falsely or fraudulently making the declaration."

SECTION 6.2(c) G.S. 163A‑1389(13) reads as rewritten:

"(13) For any person falsely to make or present any certificate or other paper to qualify any person fraudulently as a voter, or to attempt thereby to secure to any person the privilege of voting, including declarations made under this ~~Subhapter, G.S. 20‑37.7(d)(5), 20‑37.7(d)(6),~~ Subchapter, ~~130A‑93.1(c),~~ G.S. 130A‑93.1(c) and ~~161‑10(a)(8).~~G.S. 161‑10(a)(8)."

SECTION 6.3(a) G.S. 163A‑821 reads as rewritten:

"§ 163A‑821. Observers; appointment.

(a) The chair of each political party in the county shall have the right to designate two observers to attend each voting place at each primary and election and such observers may, at the option of the designating party chair, be relieved during the day of the primary or election after serving no less than four hours and provided the list required by this section to be filed by each chair contains the names of all persons authorized to represent such chair's political party. The chair of each political party in the county shall have the right to designate 10 additional at‑large observers who are residents of that county who may attend any voting place in that county. The list submitted by the chair of the political party may be amended between the one‑stop period under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 and general election day to substitute one or all at‑large observers for election day. Not more than two observers from the same political party shall be permitted in the voting enclosure at any time, except that in addition one of the at‑large observers from each party may also be in the voting enclosure. This right shall not extend to the chair of a political party during a primary unless that party is participating in the primary. In any election in which an unaffiliated candidate is named on the ballot, the candidate or the candidate's campaign manager shall have the right to appoint two observers for each voting place consistent with the provisions specified herein. Persons appointed as observers must be registered voters of the county for which appointed and must have good moral character. No person who is a candidate on the ballot in a primary or election may serve as an observer or runner in that primary or election. Observers shall take no oath of office.

(b) Individuals authorized to appoint observers must submit in writing to the chief judge of each precinct a signed list of the observers appointed for that precinct, except that the list of at‑large observers authorized in subsection (a) of this section shall be submitted to the county director of elections. Individuals authorized to appoint observers must, prior to 10:00 A.M. on the fifth day prior to any primary or general election, submit in writing to the chair of the county board of elections two signed copies of a list of observers appointed by them, designating the precinct or at‑large status for which each observer is appointed. Before the opening of the voting place on the day of a primary or general election, the chair shall deliver one copy of the list to the chief judge for each affected precinct, except that the list of at‑large observers shall be provided by the county director of elections to the chief judge. The chair shall retain the other copy. The chair, or the chief judge and judges for each affected precinct, may for good cause reject any appointee and require that another be appointed. The names of any persons appointed in place of those persons rejected shall be furnished in writing to the chief judge of each affected precinct no later than the time for opening the voting place on the day of any primary or general election, either by the chair of the county board of elections or the person making the substitute appointment.

If party chairs appoint observers at one‑stop sites under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304, those party chairs shall provide a list of the observers appointed before 10:00 A.M. on the fifth day before the observer is to observe. At‑large observers may serve at any one‑stop site.

�."

SECTION 6.3(b) G.S. 163A‑867(g)(2) reads as rewritten:

"(2) If the Postal Service has returned as undeliverable a notice sent within 25 days before the election to the applicant under subsection (c) of this section, then the applicant may vote only in person in that first election and may not vote by absentee ballot except in person under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304. The county board of elections shall establish a procedure at the voting site for:

a. Obtaining the correct address of any person described in this subdivision who appears to vote in person; and

b. Assuring that the person votes in the proper place and in the proper contests.

If a notice mailed under subsection (c) or subsection (e) of this section is returned as undeliverable after a person has already voted by absentee ballot, then that person's ballot may be challenged in accordance with G.S. 163A‑916."

SECTION 6.3(c) G.S. 163A‑1133(b) reads as rewritten:

"(b) Photographing Voters Prohibited. � No person shall photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct. If the voter is a candidate, only the permission of the voter is required. This subsection shall also apply to one‑stop sites under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304. This subsection does not apply to cameras used as a regular part of the security of the facility that is a voting place or one‑stop site."

SECTION 6.3(d) G.S. 163A‑1134(e) reads as rewritten:

"(e) Buffer Zone and Area for Election‑Related Activity at One‑Stop Sites. � Except as modified in this subsection, the provisions of this section shall apply to one‑stop voting sites in G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304.

(1) Subsection (c) of this section shall not apply.

(2) The notice in subsection (d) of this section shall be provided no later than 10 days before the opening of one‑stop voting at the site."

SECTION 6.3(e) G.S. 163A‑1298(a) reads as rewritten:

"(a) Any person who shall, in connection with absentee voting in any election held in this State, do any of the acts or things declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be unlawful:

(1) For any person except the voter's near relative or the voter's verifiable legal guardian to assist the voter to vote an absentee ballot when the voter is voting an absentee ballot other than under the procedure described in G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304; provided that if there is not a near relative or legal guardian available to assist the voter, the voter may request some other person to give assistance.

(2) For any person to assist a voter to vote an absentee ballot under the absentee voting procedure authorized by G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 except as provided in that section.

(3) For a voter who votes an absentee ballot under the procedures authorized by G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 to vote that voter's absentee ballot outside of the voting booth or private room provided to the voter for that purpose in or adjacent to the office of the county board of elections or at the additional site provided by G.S. 163A‑1302, or to receive assistance except as provided in G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304.

�."

SECTION 6.3(f) G.S. 163A‑1300(a) reads as rewritten:

"(a) Any voter eligible to vote by absentee ballot under G.S. 163A‑1295 may request an application for absentee ballots, complete the application, and vote under the provisions of this section and ~~G.S. 163A‑1301, 163A‑1302,~~G.S. 163A‑1302, 163A‑1303, and 163A‑1304."

SECTION 6.3(g) G.S. 163A‑1300(i) reads as rewritten:

"(i) Notwithstanding the provisions of G.S. 163A‑916(a) and (b), a challenge may be entered against a voter at a one‑stop site under G.S. 163A‑1303 or during one‑stop voting at the county board office. The challenge may be entered by a person conducting one‑stop voting under this section and ~~G.S. 163A‑1301, 163A‑1302,~~G.S. 163A‑1302, 163A‑1303, and 163A‑1304 or by another registered voter who resides in the same precinct as the voter being challenged. If challenged at the place where one‑stop voting occurs, the voter shall be allowed to cast a ballot in the same way as other voters. The challenge shall be made on forms prescribed by the State Board. The challenge shall be heard by the county board of elections in accordance with the procedures set forth in G.S. 163A‑916(e)."

SECTION 6.3(h) G.S. 163A‑1303 reads as rewritten:

"§ 163A‑1303. Sites and hours for one‑stop voting.

(a) Notwithstanding any other provision of G.S. 163A‑1300, ~~163A‑1301, 163A‑1302,~~ G.S. 163A‑1302, this section, and G.S. 163A‑1304, a county board of elections by unanimous vote of all its members may provide for one or more sites in that county for absentee ballots to be applied for and cast under these sections. Every individual staffing any of those sites shall be a member or full‑time employee of the county board of elections or an employee of the county board of elections whom the board has given training equivalent to that given a full‑time employee. Those sites must be approved by the State Board as part of a Plan for Implementation approved by both the county board of elections and by the State Board which shall also provide adequate security of the ballots and provisions to avoid allowing persons to vote who have already voted. The Plan for Implementation shall include a provision for the presence of political party observers at each one‑stop site equivalent to the provisions in G.S. 163A‑821 for party observers at voting places on election day. A county board of elections may propose in its Plan not to offer one‑stop voting at the county board of elections office; the State Board may approve that proposal in a Plan only if the Plan includes at least one site reasonably proximate to the county board of elections office and the State Board finds that the sites in the Plan as a whole provide adequate coverage of the county's electorate. If a county board of elections has considered a proposed Plan or Plans for Implementation and has been unable to reach unanimity in favor of a Plan, a member or members of that county board of elections may petition the State Board to adopt a plan for it. If petitioned, the State Board may also receive and consider alternative petitions from another member or members of that county board. The State Board may adopt a Plan for that county. The State Board, in that plan, shall take into consideration factors including geographic, demographic, and partisan interests of that county.

(b) The State Board shall not approve, either in a Plan approved unanimously by a county board of elections or in an alternative Plan proposed by a member or members of that board, a one‑stop site in a building that the county board of elections is not entitled under G.S. 163A‑1046 to demand and use as an election‑day voting place, unless the State Board finds that other equally suitable sites were not available and that the use of the sites chosen will not unfairly advantage or disadvantage geographic, demographic, or partisan interests of that county. In providing the site or sites for one‑stop absentee voting under G.S. 163A‑1300, ~~163A‑1301, 163A‑1302,~~G.S. 163A‑1302, this section, and G.S. 163A‑1304, the county board of elections shall make a request to the State, county, city, local school board, or other entity in control of the building that is supported or maintained, in whole or in part, by or through tax revenues at least 90 days prior to the start of one‑stop absentee voting under these sections. The request shall clearly identify the building, or any specific portion thereof, requested the dates and times for which that building or specific portion thereof is requested and the requirement of an area for election related activity. If the State, local governing board, or other entity in control of the building does not respond to the request within 20 days, the building or specific portion thereof may be used for one‑stop absentee voting as stated in the request. If the State, local governing board, or other entity in control of the building or specific portion thereof responds negatively to the request within 20 days, that entity and the county board of elections shall, in good faith, work to identify a building or specific portion thereof in which to conduct one‑stop absentee voting under G.S. 163A‑1300, ~~163A‑1301, 163A‑1302,~~G.S. 163A‑1302, this section, and G.S. 163A‑1304. If no building or specific portion thereof has been agreed upon within 45 days from the date the county board of elections received a response to the request, the matter shall be resolved by the State Board.

�."

SECTION 6.3(i) G.S. 163A‑1306 reads as rewritten:

"§ 163A‑1306. Register of absentee requests, applications, and ballots issued; a public record.

The State Board shall approve an official register in which the county board of elections in each county of the State shall record the following information:

(1) Name of voter for whom application and ballots are being requested, and, if applicable, the name and address of the voter's near relative or verifiable legal guardian who requested the application and ballots for the voter.

(2) Number of assigned voter's application when issued.

(3) Precinct in which applicant is registered.

(4) Address to which ballots are to be mailed, or, if the voter voted pursuant to G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304, a notation of that fact.

(5) Date request for application for ballots is received by the county board of elections.

(6) The voter's party affiliation.

(7) The date the ballots were mailed or delivered to the voter.

(8) Whatever additional information and official action may be required by this Part.

The State Board may provide for the register to be kept by electronic data processing equipment, and a copy shall be printed out each business day or a supplement printed out each business day of new information.

The register of absentee requests, applications and ballots issued shall constitute a public record and shall be opened to the inspection of any registered voter of the county within 60 days before and 30 days after an election in which absentee ballots were authorized, or at any other time when good and sufficient reason may be assigned for its inspection."

SECTION 6.3(j) G.S. 163A‑1308(c) reads as rewritten:

"(c) Delivery of Absentee Ballots and Container‑Return Envelope to Applicant. � When the county board of elections receives a completed request form for applications and absentee ballots, the board shall promptly issue and transmit them to the voter in accordance with the following instructions:

(1) On the top margin of each ballot the applicant is entitled to vote, the chair, a member, officer, or employee of the board of elections shall write or type the words "Absentee Ballot No. ____ " or an abbreviation approved by the State Board and insert in the blank space the number assigned the applicant's application in the register of absentee requests, applications, and ballots issued. That person shall not write, type, or print any other matter upon the ballots transmitted to the absentee voter. Alternatively, the board of elections may cause to be barcoded on the ballot the voter's application number, if that barcoding system is approved by the State Board.

(2) The chair, member, officer, or employee of the board of elections shall fold and place the ballots (identified in accordance with the preceding instruction) in a container‑return envelope and write or type in the appropriate blanks thereon, in accordance with the terms of G.S. 163A‑1307(b), the absentee voter's name, the absentee voter's application number, and the designation of the precinct in which the voter is registered. If the ballot is barcoded under this section, the envelope may be barcoded rather than having the actual number appear. The person placing the ballots in the envelopes shall leave the container‑return envelope holding the ballots unsealed.

(3) The chair, member, officer, or employee of the board of elections shall then place the unsealed container‑return envelope holding the ballots together with printed instructions for voting and returning the ballots, in an envelope addressed to the voter at the post office address stated in the request, seal the envelope, and mail it at the expense of the county board of elections: Provided, that in case of a request received after 5:00 p.m. on the Tuesday before the election under the provisions of subsection (b) of this section, in lieu of transmitting the ballots to the voter in person or by mail, the chair, member, officer, or employee of the board of elections may deliver the sealed envelope containing the instruction sheet and the container‑return envelope holding the ballots to a near relative or verifiable legal guardian of the voter.

The county board of elections may receive completed written request forms for applications at any time prior to the election but shall not mail applications and ballots to the voter or issue applications and ballots in person earlier than 60 days prior to the statewide general election in an even‑numbered year, or earlier than 50 days prior to any other election, except as provided in G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304. No election official shall issue applications for absentee ballots except in compliance with this Part."

SECTION 6.3(k) G.S. 163A‑1310(c) reads as rewritten:

"(c) For purposes of this section, "Delivered in person" includes delivering the ballot to an election official at a one‑stop voting site under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 during any time that site is open for voting. The ballots shall be kept securely and delivered by election officials at that site to the county board of elections office for processing."

SECTION 6.3(l) G.S. 163A‑1315 reads as rewritten:

"§ 163A‑1315. Counting absentee ballots by county board of elections.

All absentee ballots returned to the county board of elections in the container‑return envelopes shall be retained by the board to be counted by the county board of elections as herein provided.

�

(6) As each ballot envelope is opened, the board shall cause to be entered into a pollbook designated "Pollbook of Absentee Voters" the name of the absentee voter, or if the pollbook is computer‑generated, the board shall check off the name. Preserving secrecy, the ballots shall be placed in the appropriate ballot boxes, at least one of which shall be provided for each type of ballot. The "Pollbook of Absentee Voters" shall also contain the names of all persons who voted under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304, but those names may be printed by computer for inclusion in the pollbook.

After all ballots have been placed in the boxes, the counting process shall begin.

If one‑stop ballots under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 are counted electronically, that count shall commence at the time the polls close. If one‑stop ballots are paper ballots counted manually, that count shall commence at the same time as other absentee ballots are counted.

If a challenge transmitted to the board on canvass day by a chief judge is sustained, the ballots challenged and sustained shall be withdrawn from the appropriate boxes, as provided in G.S. 163A‑916(e).

As soon as the absentee ballots have been counted and the names of the absentee voters entered in the pollbook as required herein, the board members and assistants employed to count the absentee ballots shall each sign the pollbook immediately beneath the last absentee voter's name entered therein. The county board of elections shall be responsible for the safekeeping of the pollbook of absentee voters.

(7) Upon completion of the counting process the board members shall cause the results of the tally to be entered on the absentee abstract prescribed by the State Board. The abstract shall be signed by the members of the board in attendance and the original mailed immediately to the State Board. The county board of elections may have a separate count on the abstract for one‑stop absentee ballots under G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304.

�."

SECTION 6.3(m) G.S. 163A‑1368 reads as rewritten:

"§ 163A‑1368. Absentee voting at office of board of elections.

Notwithstanding any other provisions of this Subchapter, any covered voter under this Part shall be permitted to vote an absentee ballot pursuant to G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 if the covered voter has not already voted an absentee ballot which has been returned to the board of elections, and if the covered voter will not be in the county on the day of the primary or election.

In the event an absentee application or ballot has already been mailed to the covered voter applying to vote pursuant to G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304, the board of elections shall void the application and ballot unless the voted absentee ballot has been received by the board of elections. The covered voter shall be eligible to vote pursuant to G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 no later than 5:00 P.M. on the day next preceding the primary, second primary or election."

SECTION 6.3(n) G.S. 163A‑1411(41) reads as rewritten:

"(41) The term "electioneering communication" means any broadcast, cable, or satellite communication, or mass mailing, or telephone bank that has all the following characteristics:

a. Refers to a clearly identified candidate for elected office.

b. In the case of the general election in November of the even‑numbered year is aired or transmitted after September 7 of that year, and in the case of any other election is aired or transmitted within 60 days of the time set for absentee voting to begin pursuant to G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 in an election for that office.

c. May be received by either:

1. 50,000 or more individuals in the State in an election for statewide office or 7,500 or more individuals in any other election if in the form of broadcast, cable, or satellite communication.

2. 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election if in the form of mass mailing or telephone bank."

SECTION 6.3(o) G.S. 163A‑1520(a) reads as rewritten:

"(a) Judicial Voter Guide. � The State Board shall publish a Judicial Voter Guide that explains the functions of the appellate courts and the laws concerning the election of appellate judges, the purpose and function of the Public Campaign Fund, and the laws concerning voter registration. The State Board shall distribute the Guide to as many voting‑age individuals in the State as practical, through a mailing to all residences or other means it deems effective. The distribution shall occur no more than 28 days nor fewer than seven days before the one‑stop voting period provided in G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 for the primary and no more than 28 days nor fewer than seven days before the one‑stop voting period provided in G.S. 163A‑1300, ~~163A‑1301,~~ 163A‑1302, 163A‑1303, and 163A‑1304 for the general election."

PART IV. ONLINE REGISTRATION

SECTION 7.1. G.S. 163A‑864 reads as rewritten:

"§ 163A‑864. Distribution of application forms.

(a) The State Board shall make the forms described in G.S. 163A‑862 available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration drives.

(b) The State Board of Elections shall make the forms available for completion and submission on a secure Internet Web site in accordance with this Article."

SECTION 7.2. Part 2 of Article 6 of Chapter 163A of the General Statutes is amended by adding a new section to read:

"§ 163A‑864.5. Online voter registration.

(a) An individual who meets all of the following criteria may register to vote or change voter registration online:

(1) The individual is eligible to register to vote.

(2) The individual possesses one of the following that is current and valid:

a. North Carolina drivers license issued under Article 2 of Chapter 20 of the General Statutes, including a learner's permit or a provisional license.

b. Special identification card for nonoperators issued under G.S. 20‑37.7.

(b) The State Board shall establish a secure Internet Web site to permit individuals described in subsection (a) of this section to complete and submit voter registration applications online.

(c) The secure Web site established under subsection (b) of this section shall allow an individual described in subsection (a) of this section to submit:

(1) An application for any of the following:

a. Voter registration.

b. Reporting of a change of name, address, or party affiliation. If the individual is already registered to vote and the change of address is to another county, it shall be treated as an application to register to vote.

(2) Information to establish that the individual is eligible under this section to register online.

(3) The individual's e‑mail address.

(d) Upon receipt of an individual's application under subsection (c) of 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. 163A‑875, update the statewide registration database and search for possible duplicate registrations, and proceed under G.S. 163A‑867 to verify the person's address.

(e) If the State Board verifies the North Carolina drivers license or Social Security number in accordance with G.S. 163A‑875, the Division of Motor Vehicles shall transfer the digital signature of the applicant in the Division of Motor Vehicles records to the State Board.

(f) If the State Board cannot verify the North Carolina drivers license or Social Security number in accordance with G.S. 163A‑875, the State Board shall so notify the individual submitting the application by e‑mail, if provided, and in accordance with this Article. That individual shall be offered an opportunity to register in accordance with G.S. 163A‑865 or G.S. 163A‑866, as applicable."

SECTION 7.3. G.S. 163A‑871 reads as rewritten:

"(a) 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. 163A‑862, once approved by the county board of elections, becomes backup to the official registration record of the voter. Full or partial social security numbers, dates of birth, the identity of the public agency at which the voter registered under G.S. 163A‑884, any electronic mail address submitted under this Article or Part 2 of Article 21 of this Chapter, any electronic data associated with online registration under G.S. 163A‑864.5, and drivers license numbers that may be generated ~~in the voter registration process,~~ by ~~either~~the voter, the State ~~Board~~ Board, or a county board of ~~elections,~~elections in the voter registration process 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. The signature of the voter, either on the paper application or an electronically captured image of it, 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."

SECTION 7.4. This part becomes effective January 1, 2020.

PART V. OTHER ELECTION LAW CHANGES

SECTION 8.1(a) G.S. 163A‑1300(b), as amended by S.L. 2018‑112, reads as rewritten:

"(b) Not earlier than the third Wednesday before an election, in which absentee ballots are authorized, in which a voter seeks to vote and not later than ~~7:00 P.M. on the last Friday~~1:00 P.M. on the last Saturday before that election, the voter shall appear in person only at the office of the county board of elections, except as provided in G.S. 163A‑1303. A county board of elections shall conduct one‑stop voting on the last Saturday before the election from 8:00 A.M. until 1:00 P.M. and may conduct one‑stop early voting until 5:00 P.M. on that Saturday. That voter shall enter the voting enclosure at the board office through the appropriate entrance and shall at once state his or her name and place of residence to an authorized member or employee of the board and present photo identification in accordance with G.S. 163A‑1145. In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party under G.S. 163A‑989, the voter shall state the name of the authorizing political party in whose primary he wishes to vote. The board member or employee to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice. After examining the registration records, an employee of the board shall state whether the person seeking to vote is duly registered. If the voter is found to be registered that voter may request that the authorized member or employee of the board furnish the voter with an application form as specified in G.S. 163A‑1391. The voter shall complete the application in the presence of the authorized member or employee of the board, and shall deliver the application to that person."

SECTION 8.1(b) G.S. 163A‑1303(c)(4), as amended by S.L. 2018‑112, reads as rewritten:

"(4) If the county board of elections opens one‑stop sites on Saturdays other than the last Saturday before the election during the period required by G.S. 163A‑1300(b), then all one‑stop sites shall be open for the same number of hours uniformly throughout the county on those Saturdays."

PART VI. EFFECTIVE DATE

SECTION 9. Except as otherwise provided, this act is effective when it becomes law and applies to elections held on or after that date.

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Bill Text: NC H1115 | 2017-2018 | Regular Session | Amended

North Carolina House Bill 1115 (Prior Session Legislation)

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