Bill Text: NC H633 | 2013-2014 | Regular Session | Amended
Bill Title: Various Election Changes
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2013-04-10 - Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Elections [H633 Detail]
Download: North_Carolina-2013-H633-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 633
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Short Title: Various Election Changes. |
(Public) |
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Sponsors: |
Representatives Michaux and Glazier (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Rules, Calendar, and Operations of the House, if favorable, Elections. |
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April 10, 2013
A BILL TO BE ENTITLED
AN ACT to make various changes to the election laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 126‑4(5) reads as rewritten:
"(5) Hours and days of work, holidays, vacation,
sick leave, and other matters pertaining to the conditions of employment. The
legal public holidays established by the Commission as paid holidays for State
employees shall include Martin Luther King, Jr.'s Birthday Birthday, and
Veterans Day.Day, and the Tuesday
after the first Monday in November in years in which a general election is to
be held. The Commission shall not provide for more than 11 paid holidays
per year except that in those years in which Christmas Day falls on a Tuesday,
Wednesday, or Thursday, the Commission shall not provide for more than 12 paid
holidays."
SECTION 2.(a) G.S. 163‑41 is amended by adding a new subsection to read:
"(d) Training and Certification of Judges. – All chief judges and judges shall comply with the training and certification requirements in G.S. 163‑82.24."
SECTION 2.(b) G.S. 163‑82.24 reads as rewritten:
"§ 163‑82.24. Statewide training and certification for election officials.
(a) Elections Directors Training. – The State Board of Elections shall conduct training programs in election law and procedures. Every county elections director shall receive training conducted by the State Board at least as often as required in the following schedule:
(1) Once during each odd‑numbered year before the municipal election held in the county;
(2) Once during each even‑numbered year before the first partisan primary; and
(3) Once during each even‑numbered year after the partisan primaries but before the general election.
(a1) County Board Member Training. – Every member of a county board of elections shall receive training conducted by the State Board at least once during the six months after the member's initial appointment and at least once again during the first two years of the member's service. The State Board of Elections shall promulgate rules for the training of precinct officials, which shall be followed by the county boards of elections.
(a2) Chief Judges and Judges Training. – Every person appointed chief judge or judge shall receive training developed and approved by the State Board in each election cycle prior to the first election in that cycle in that county.
(b) Certification. – The State Board of Elections shall conduct a program for certification of all election officials. The program shall include training in election law and procedures. Before issuing certification to an election official, the State Board shall administer an examination designed to determine the proficiency of the official in election law and procedures. The State Board shall set adequate standards for the passage of the examination."
SECTION 3.(a) G.S. 163‑82.5 reads as rewritten:
"§ 163‑82.5. Distribution of application forms.
(a) The State Board of Elections shall make the forms described in G.S. 163‑82.3 available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration drives.
(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 3.(b) Article 7A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑82.5A. 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 Section 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 of Elections 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. 163‑82.12, update the statewide registration database and search for possible duplicate registrations, and proceed under G.S. 163‑82.7 to verify the person's address.
(e) If the State Board verifies the North Carolina drivers license or social security number in accordance with G.S. 163‑82.12, 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. 163‑82.12, 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. 163‑82.6 or G.S. 163‑82.6A, as applicable."
SECTION 3.(c) G.S. 163‑82.10(a) 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 of Elections 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 Cultural Resources pursuant to standards and conditions
established by the Department and mutually agreed to by the Department and the
State Board of Elections. A completed and signed registration application form,
if available, described in G.S. 163‑82.3, once approved by the
county board of elections, becomes backup to the official registration record
of the voter. Full or partial social security numbers, dates of birth, the
identity of the public agency at which the voter registered under G.S. 163‑82.20,
any electronic mail address submitted under this Article or Article 21A
of this Chapter, any electronic data associated with online registration
under G.S. 163‑82.5A, and drivers license numbers that may be
generated in the voter registration process, by the voter, either
the State Board of Elections 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 3.(d) This section becomes effective December 1, 2013.
SECTION 4. G.S. 163‑82.6A reads as rewritten:
"§ 163‑82.6A. In‑person registration and voting at one‑stop sites.
(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 at a one‑stop voting site in the person's county of residence during the period for one‑stop voting provided under G.S. 163‑227.2. For purposes of this section, a one‑stop voting site includes the county board of elections office, if that office is used for one‑stop voting.
(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. 163‑82.4, including the attestation requirement of G.S. 163‑82.4(b) that the person meets each eligibility requirement. Such attestation is signed under penalty of a Class I felony under G.S. 163‑275(13); and
(2) Provide proof of residence by presenting any of the following valid documents that show the person's current name and current residence address: a North Carolina drivers license, a photo identification from a government agency, or any of the documents listed in G.S. 163‑166.12(a)(2). The State Board of Elections may designate additional documents or methods that suffice and shall prescribe procedures for establishing proof of residence.
(c) Voting With Retrievable Ballot. – A person who registers under this section shall vote a retrievable absentee ballot as provided in G.S. 163‑227.2 immediately after registering. If a person declines to vote immediately, the registration shall be processed, and the person may later vote at a one‑stop voting site under this section in the same election.
(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. 163‑82.12, update the statewide registration
database and search for possible duplicate registrations, and proceed under G.S. 163‑82.7
to verify the person's address. The person's vote shall be counted unless if
the county board determines that the applicant is not qualified to
vote in accordance with the provisions of this Chapter.Chapter at or
before the time for canvass under this Chapter.
(e) Change of Registration at One‑Stop Voting Site. – A person who is already registered to vote in the county may update the information in the registration record in accordance with procedures prescribed by the State Board of Elections, but an individual's party affiliation may not be changed during the one‑stop voting period before any first or second partisan primary in which the individual is eligible to vote.
(f) 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 5.(a) G.S. 163‑111 reads as rewritten:
"§ 163‑111.
Determination of primary results; second primaries.results.
(a) Nomination Determined by Substantial Plurality;
Definition of Substantial Plurality. Except as otherwise provided in
this section, nominationsNomination in primary elections shall be
determined by a substantial plurality of the votes cast. A substantial
plurality within the meaning of this section shall be determined as
follows:
(1) If a nominee for a single office is to be selected,
and there is more than one person seeking nomination, the substantial
plurality shall be ascertained by multiplying the total vote cast for all
aspirants by forty percent (40%). Any excess of the sum so ascertained shall be
a substantial plurality, and the aspirant who obtains a substantial plurality
shall be declared the nominee. If two candidates receive a substantial plurality,
the candidate receiving the highest vote shall be declared the nominee.
(2) If nominees for two or more offices (constituting a
group) are to be selected, and there are more persons seeking nomination than
there are offices, the substantial plurality shall be ascertained by
dividing the total vote cast for all aspirants by the number of positions to be
filled, and by multiplying the result by forty percent (40%). Any excess of the
sum so ascertained shall be a substantial plurality, and the aspirants who
obtain a substantial plurality shall be declared the nominees. If more
candidates obtain a substantial plurality than there are positions to be
filled, those having the highest vote (equal to the number of positions to
be filled) shall be declared the nominees.
(b) Right to Demand Second Primary. – If an
insufficient number of aspirants receive a substantial plurality of the votes
cast for a given office or group of offices in a primary, a second primary,
subject to the conditions specified in this section, shall be held:
(1) If a nominee for a single office is to be
selected and no aspirant receives a substantial plurality of the votes cast,
the aspirant receiving the highest number of votes shall be declared nominated
by the appropriate board of elections unless the aspirant receiving the second
highest number of votes shall request a second primary in accordance with the
provisions of subsection (c) of this section. In the second primary only the
two aspirants who received the highest and next highest number of votes shall
be voted for.
(2) If nominees for two or more offices
(constituting a group) are to be selected and aspirants for some or all of the
positions within the group do not receive a substantial plurality of the votes,
those candidates equal in number to the positions remaining to be filled and
having the highest number of votes shall be declared the nominees unless some
one or all of the aspirants equal in number to the positions remaining to be
filled and having the second highest number of votes shall request a second
primary in accordance with the provisions of subsection (c) of this section. In
the second primary to select nominees for the positions in the group remaining
to be filled, the names of all those candidates receiving the highest number of
votes and all those receiving the second highest number of votes and demanding
a second primary shall be printed on the ballot.
(c) Procedure for Requesting Second Primary.
(1) A candidate who is apparently entitled to
demand a second primary, according to the unofficial results, for one of the
offices listed below, and desiring to do so, shall file a request for a second
primary in writing with the Executive Director of the State Board of Elections
no later than 12:00 noon on the ninth day (including Saturdays and Sundays)
following the date on which the primary was conducted, and such request shall
be subject to the certification of the official results by the State Board of
Elections. If the vote certification by the State Board of Elections determines
that a candidate who was not originally thought to be eligible to call for a
second primary is in fact eligible to call for a second primary, the Executive
Director of the State Board of Elections shall immediately notify such
candidate and permit him to exercise any options available to him within a 48‑hour
period following the notification:
Governor,
Lieutenant
Governor,
All State
executive officers,
District
Attorneys of the General Court of Justice,
United States
Senators,
Members of
the United States House of Representatives,
State
Senators in multi‑county senatorial districts, and
Members of
the State House of Representatives in multi‑county representative
districts.
(2) A candidate who is apparently entitled to
demand a second primary, according to the unofficial results, for one of the
offices listed below and desiring to do so, shall file a request for a second
primary in writing with the chairman or director of the county board of
elections no later than 12:00 noon on the ninth day (including Saturdays and
Sundays) following the date on which the primary was conducted, and such
request shall be subject to the certification of the official results by the
county board of elections:
State
Senators in single‑county senatorial districts,
Members of
the State House of Representatives in single‑county representative
districts, and
All county
officers.
(3) Immediately upon receipt of a request for
a second primary the appropriate board of elections, State or county, shall
notify all candidates entitled to participate in the second primary, by
telephone followed by written notice, that a second primary has been requested
and of the date of the second primary.
(d) Tie Votes; How Determined.
(1) In the event of a tie for the highest
number of votes in a first primary between two candidates for party nomination
for a single county, or single‑county legislative district office, the
board of elections of the county in which the two candidates were voted for
shall conduct a recount and declare the results. If the recount shows a tie
vote, a second primary shall be held on the date prescribed in subsection (e)
of this section between the two candidates having an equal vote, unless one of
the aspirants, within three days after the result of the recount has been
officially declared, files a written notice of withdrawal with the board of
elections with which he filed notice of candidacy. Should that be done, the
remaining aspirant shall be declared the nominee. In the event of a tie for the
highest number of votes in a first primary among more than two candidates for
party nomination for one of the offices mentioned in this subdivision, no
recount shall be held, but all of the tied candidates shall be entered in a
second primary.
(2) In the event of a tie for the highest
number of votes in a first primary between two candidates for a State office,
for United States Senator, or for any district office (including State Senator
in a multi‑county senatorial district and member of the State House of
Representatives in a multi‑county representative district), no recount
shall be held solely by reason of the tie, but the two candidates having an
equal vote shall be entered in a second primary to be held on the date
prescribed in subsection (e) of this section, unless one of the two candidates
files a written notice of withdrawal with the State Board of Elections within
three days after the result of the first primary has been officially declared
and published. Should that be done, the remaining aspirant shall be declared
the nominee. In the event of a tie for the highest number of votes in a first
primary among more than two candidates for party nomination for one of the
offices mentioned in this subdivision, no recount shall be held, but all of the
tied candidates shall be entered in a second primary.
(3) In the event one candidate receives the
highest number of votes cast in a first primary, but short of a substantial
plurality, and two or more of the other candidates receive the second highest
number of votes cast in an equal number, the proper board of elections shall
declare the candidate having the highest vote to be the party nominee, unless
all but one of the tied candidates give written notice of withdrawal to the
proper board of elections within three days after the result of the first
primary has been officially declared. If all but one of the tied candidates
withdraw within the prescribed three‑day period, and the remaining
candidate demands a second primary in accordance with the provisions of
subsection (c) of this section, a second primary shall be held between the
candidate who received the highest vote and the remaining candidate who
received the second highest vote.
(e) Date of Second Primary; Procedures. – If
a second primary is required under the provisions of this section, the
appropriate board of elections, State or county, shall order that it be held
seven weeks after the first primary.
There shall be no registration of voters between the dates
of the first and second primaries. Persons whose qualifications to register and
vote mature after the day of the first primary and before the day of the second
primary may register on the day of the second primary and, when thus
registered, shall be entitled to vote in the second primary. The second primary
is a continuation of the first primary and any voter who files a proper and
timely written affirmation of change of address within the county under the
provisions of G.S. 163‑82.15, in the first primary may vote in the
second primary without having to refile that written affirmation if he is
otherwise qualified to vote in the second primary. Subject to this provision
for registration, the second primary shall be held under the laws, rules, and
regulations provided for the first primary.
(f) No Third Primary Permitted. – In no
case shall there be a third primary. The candidates receiving the highest
number of votes in the second primary shall be nominated. If in a second
primary there is a tie for the highest number of votes between two candidates,
the proper party executive committee shall select the party nominee for the
office in accordance with the provisions of G.S. 163‑114."
SECTION 5.(b) G.S. 160A‑23.1(d) reads as rewritten:
"(d) If the council adopts the resolution provided for in subsection (a) of this section and does not adopt the changes, or does adopt the changes, but approval under the Voting Rights Act of 1965, as amended, is required, and notice of such approval is not received, by the end of the third day before the opening of the filing period, the municipal election shall be rescheduled as provided in this subsection and current officeholders shall hold over until their successors are elected and qualified. For cities using the:
(1) Partisan primary and election method under G.S. 163‑291,
the primary shall be held on the primary election date for county officers in
the second year following a federal decennial census, the second primary, if
necessary, shall be held on the second primary election date for county officers
in that year,census, and the general election shall be held on the
general election date for county officers in that year.
(2) Nonpartisan primary and election method under G.S. 163‑294, the primary shall be held on the primary election date for county officers in the second year following a federal decennial census, and the election shall be held on the date for the second primary for county officers in that year.
(3) Nonpartisan plurality election method under G.S. 163‑292, the election shall be held on the primary election date for county officers in the second year following a federal decennial census.
(4) Election and runoff method under G.S. 163‑293,
the election shall be held on the primary election date for county officers in
the second year following a federal decennial census, and the runoffs, if
necessary, shall be held on the date for the second primary for c ounty
officers in that year.census.
The organizational meeting of the new council may be held at any time after the results of the election have been officially determined and published, but not later than the time and date of the first regular meeting of the council in November of the second year following a federal decennial census, except in the case of partisan municipal elections, when the organizational meeting shall be held not later than the time and date of the first regular meeting of the council in December of the second year following a federal decennial census."
SECTION 5.(c) G.S. 163‑55(c) reads as rewritten:
"(c) Elections. – For purposes of the 30‑day
residence requirement to vote in an election in subsection (a) of this section,
the term "election" means the day of the primary, second primary, general
election, special election, or referendum."
SECTION 5.(d) G.S. 163‑82.6(d) reads as rewritten:
"(d) Instances When Person May Register and Vote on Primary or Election Day. – If a person has become qualified to register and vote between the twenty‑fifth day before a primary or election and primary or election day, then that person may apply to register on primary or election day by submitting an application form described in G.S. 163‑82.3(a) or (b) to:
(1) A member of the county board of elections;
(2) The county director of elections; or
(3) The chief judge or a judge of the precinct in which
the person is eligible to vote, and, if the application is approved, that
person may vote the same day. The official in subdivisions (1) through (3) of
this subsection to whom the application is submitted shall decide whether the
applicant is eligible to vote. The applicant shall present to the official
written or documentary evidence that the applicant is the person he represents
himself to be. The official, if in doubt as to the right of the applicant to
register, may require other evidence satisfactory to that official as to the
applicant's qualifications. If the official determines that the person is
eligible, the person shall be permitted to vote in the primary or election and
the county board shall add the person's name to the list of registered voters.
If the official denies the application, the person shall be permitted to vote a
challenged ballot under the provisions of G.S. 163‑88.1, and may
appeal the denial to the full county board of elections. The State Board of
Elections shall promulgate rules for the county boards of elections to follow
in hearing appeals for denial of primary or election day applications to
register. No person shall be permitted to register on the day of a second
primary unless he shall have become qualified to register and vote between the
date of the first primary and the date of the succeeding second primary."
SECTION 5.(e) G.S. 163‑82.17(a) reads as rewritten:
"(a) Registrant's Duty to Report. – Any registrant
who desires to have the record of his party affiliation or unaffiliated status
changed on the registration list shall, no later than the last day for making
application to register under G.S. 163‑82.6 before the election,
indicate the change on an application form as described in G.S. 163‑82.3
or on a voter registration card described in G.S. 163‑82.8. No
registrant shall be permitted to change party affiliation or unaffiliated
status for a primary, second primary, primary, or special special,
or general election after the deadline for registration applications for
that election as set out in G.S. 163‑82.6."
SECTION 5.(f) G.S. 163‑226(c) reads as rewritten:
"(c) The Term "Election". – As used in
this Subchapter, unless the context clearly requires otherwise, the term "election"
includes a general, primary, second primary, runoff election, bond
election, referendum, or special election."
SECTION 5.(g) G.S. 163‑227.1 is repealed.
SECTION 5.(h) G.S. 163‑227.3(b) is repealed.
SECTION 5.(i) G.S. 163‑255 reads as rewritten:
"§ 163‑255. Absentee voting at office of board of elections.
Notwithstanding any other provisions of Chapter 163 of the
General Statutes, any person eligible to vote an absentee ballot pursuant to G.S. 163‑245
shall be permitted to vote an absentee ballot pursuant to G.S. 163‑227.2
if the person has not already voted an absentee ballot which has been returned
to the board of elections, and if he the person 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 such person applying to vote pursuant to G.S. 163‑227.2,
the board of elections shall void the application and ballot unless the voted
absentee ballot has been received by the board of elections. Such person shall
be eligible to vote pursuant to G.S. 163‑227.2 no later than 5:00
P.M. on the day next preceding the primary, second primary primary or
election."
SECTION 5.(j) G.S. 163‑258.9 reads as rewritten:
"§ 163‑258.9. Transmission of unvoted ballots.
(a) Not later than 60 days before the statewide general
election in even‑numbered years and not later than 50 days before any
other election, the county board of elections shall transmit a ballot and
balloting materials to all covered voters who by that date submit a valid
military‑overseas ballot application, except for a second primary.application.
However, in the case of municipal elections, absentee ballots shall be made
available no later than 30 days before an election. For a second primary
which includes a candidate for federal office, the county board of elections
shall transmit a ballot and balloting material to all covered voters who by
that date submit a valid military‑overseas ballot application no later
than 45 days before the second primary. For a second primary which does not
include a candidate for federal office, the transmission of the ballot and
ballot materials shall be as soon as practicable and shall be transmitted
electronically no later than three business days and by mail no later than 15
days from the date the appropriate board of elections orders that the second
primary be held pursuant to G.S. 163‑111. If additional offices
are added to the ballot to fill a vacancy occurring after the deadline provided
by this subsection, those ballots shall be transmitted as soon as practicable.
(b) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter's jurisdiction, Internet delivery. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
(c) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit them to the voter not later than two business days after the application arrives."
SECTION 5.(k) G.S. 163‑258.16 reads as rewritten:
"§ 163‑258.16. Publication of election notice.
(a) Not later than 100 days before a regularly
scheduled election to which this Article applies, and as soon as practicable in
the case of an election or vacancy election not regularly scheduled, each
county board of elections shall prepare an election notice for that
jurisdiction to be used in conjunction with the federal write‑in absentee
ballot described in G.S. 163‑258.11. For a second primary required
by G.S. 163‑111, the county board of elections shall prepare, no
later than the day following the date the appropriate board of elections orders
that a second primary be held, an election notice for that jurisdiction to be
used in conjunction with the federal write‑in absentee ballot. The
election notice shall contain a list of all of the ballot measures and federal,
State, and local offices that, as of that date, the official expects to be on
the ballot on the date of the election. The notice also shall contain specific
instructions for how a voter is to indicate on the federal write‑in
absentee ballot the voter's choice for each office to be filled and for each
ballot measure to be contested.
(b) A covered voter may request a copy of an election notice. The official charged with preparing the election notice shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.
(c) As soon as ballot styles are printed, the county board of elections shall update the notice with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.
(d) A county board of elections that maintains an Internet Web site shall make updated versions of its election notices regularly available on the Web site."
SECTION 5.(l) G.S. 163‑278.6(8) reads as rewritten:
"(8) The term "election" means any general
or special election, a first or second primary, a run‑off
election, or an election to fill a vacancy. The term "election" shall
not include any local or statewide referendum."
SECTION 5.(m) G.S. 163‑278.13(d) reads as rewritten:
"(d) For the purposes of this section, the term "an
election" means any primary, second primary,primary or
general election in which the candidate or political committee may be involved,
without regard to whether the candidate is opposed or unopposed in the election,
except that where a candidate is not on the ballot in a second primary, that
second primary is not "an election" with respect to that candidate.election."
SECTION 5.(n) G.S. 163‑278.13B(d) is repealed.
SECTION 5.(o) G.S. 163‑278.40B(2) reads as rewritten:
"(2) Pre‑election Report. – The treasurer
shall file a report 10 days before the election, unless a second primary is
held and the candidate appeared on the ballot in the second primary, in which
case the report shall be filed 10 days before the second primary.election."
SECTION 5.(p) G.S. 163‑279(a)(2) reads as rewritten:
"(2) If the election is partisan, the election shall
be held on Tuesday after the first Monday in November, the first primary shall
be held on the second Tuesday after Labor Day, and the second primary, if
required, shall be held on the fourth Tuesday before the election.Day."
SECTION 5.(q) G.S. 163‑291 reads as rewritten:
"§ 163‑291. Partisan primaries and elections.
The nomination of candidates for office in cities, towns, villages, and special districts whose elections are conducted on a partisan basis shall be governed by the provisions of this Chapter applicable to the nomination of county officers, and the terms "county board of elections," "chairman of the county board of elections," "county officers," and similar terms shall be construed with respect to municipal elections to mean the appropriate municipal officers and candidates, except that:
(1) The dates of primary and election shall be as provided in G.S. 163‑279.
(2) A candidate seeking party nomination for municipal or district office shall file notice of candidacy with the board of elections no earlier than 12:00 noon on the first Friday in July and no later than 12:00 noon on the third Friday in July preceding the election, except:
a. In the year following a federal decennial census, a candidate seeking party nomination for municipal or district office in any city which elects members of its governing board on a district basis, or requires that candidates reside in a district in order to run, shall file his notice of candidacy with the board of elections no earlier than 12:00 noon on the fourth Monday in July and no later than 12:00 noon on the second Friday in August preceding the election; and
b. In the second year following a federal decennial census, if the election is held then under G.S. 160A‑23.1, a candidate seeking party nomination for municipal or district office shall file his notice of candidacy with the board of elections at the same time as notices of candidacy for county officers are required to be filed under G.S. 163‑106.
No person may file a notice of candidacy for more than one municipal office at the same election. If a person has filed a notice of candidacy for one office with the county board of elections under this section, then a notice of candidacy may not later be filed for any other municipal office for that election unless the notice of candidacy for the first office is withdrawn first.
(3) The filing fee for municipal and district primaries shall be fixed by the governing board not later than the day before candidates are permitted to begin filing notices of candidacy. There shall be a minimum filing fee of five dollars ($5.00). The governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor more than one percent (1%) of the annual salary of the office sought unless one percent (1%) of the annual salary of the office sought is less than five dollars ($5.00), in which case the minimum filing fee of five dollars ($5.00) will be charged. The fee shall be paid to the board of elections at the time notice of candidacy is filed.
(4) The municipal ballot may not be combined with any other ballot.
(5) The canvass of the primary and second primary shall
be held on the seventh day following the primary or second primary. In
accepting the filing of complaints concerning the conduct of an election, a
board of elections shall be subject to the rules concerning Sundays and
holidays set forth in G.S. 103‑5.
(6) Candidates having the right to demand a
second primary shall do so not later than 12:00 noon on the Thursday following
the canvass of the first primary."
SECTION 5.(r) G.S. 163‑329(b1) reads as rewritten:
"(b1) Method for Vacancy Election. – If a vacancy for
the office of justice of the Supreme Court, judge of the Court of Appeals, or
judge of the superior court occurs more than 60 days before the general election
and after the opening of the filing period for the primary, then the State
Board of Elections shall designate a special filing period of one week for
candidates for the office. If more than two candidates file and qualify for the
office in accordance with G.S. 163‑323, then the Board shall conduct
the election for the office as follows:
(1) When the vacancy described in this
section occurs more than 63 days before the date of the second primary for
members of the General Assembly, a special primary shall be held on the same
day as the second primary. The two candidates with the most votes in the
special primary shall have their names placed on the ballot for the general
election held on the same day as the general election for members of the General
Assembly.
(2) When the vacancy described in this
section occurs less than 64 days before the date of the second primary, a
general election for all the candidates shall be held on the same day as the
general election for members of the General Assembly and the "instant
runoff voting" method shall be used to determine the winner. Under "instant
runoff voting," voters rank up to three of the candidates by order of
preference, first, second, or third. If the candidate with the greatest number
of first‑choice votes receives more than fifty percent (50%) of the first‑choice
votes, that candidate wins. If no candidate receives that minimum number, the
two candidates with the greatest number of first‑choice votes advance to
a second round of counting. In this round, each ballot counts as a vote for
whichever of the two final candidates is ranked highest by the voter. The
candidate with the most votes in the second round wins the election. If more
than one seat is to be filled in the same race, the voter votes the same way as
if one seat were to be filled. The counting is the same as when one seat is to
be filled, with one or two rounds as needed, except that counting is done
separately for each seat to be filled. The first count results in the first
winner. Then the second count proceeds without the name of the first winner.
This process results in the second winner. For each additional seat to be
filled, an additional count is done without the names of the candidates who
have already won. In multi‑seat contests, the State Board of Elections
may give the voter more than three choices.
(3) If two or more candidates receiving the
highest number of votes each receive the same number of votes, the board of
elections shall resolve the tie in accordance with G.S. 163‑182.8."
SECTION 6. G.S. 163‑227.2 reads as rewritten:
"(b) Not earlier than the third Thursday before an
election, in which absentee ballots are authorized, in which a voter seeks to
vote and not later than 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 subsection (g) of this section. A county board
of elections shall conduct one‑stop voting on the last Saturday before
the election until 1:00 P.M. and may conduct it until 5:00 P.M. on that Saturday.Saturday,
on at least one additional Saturday, and on at least one Sunday. No county may
conduct one‑stop voting on a Sunday before 1:00 P.M. on that Sunday.
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. 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. 163‑119, 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. 163‑227. 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 7. G.S. 163‑231(b) reads as rewritten:
"(b) Transmitting Executed Absentee Ballots to
County Board of Elections. – The sealed container‑return envelope in
which executed absentee ballots have been placed shall be transmitted to the
county board of elections who issued them as follows: All ballots issued under
the provisions of Articles 20 and 21A of this Chapter shall be transmitted by
mail or by commercial courier service, at the voter's expense, or delivered in
person, or by the voter's near relative or verifiable legal guardian not
later than 5:00 p.m. on the day before the statewide primary or general
election or county bond election. Ballots issued under the provisions of
Article 21A of this Chapter may also be electronically transmitted. If ballots
are received later than that hour, they shall not be accepted unless (i)
federal law so requires, (ii) if ballots issued under Article 20 of this
Chapter are postmarked by the day of the statewide primary or general
election or county bond election and are received by the county board of
elections not later than three days after the election by 5:00 p.m., or (iii)
if ballots issued under Article 21A of this Chapter are received by the county
board of elections not later than the end of business on the business day
before the canvass conducted by the county board of elections held pursuant to G.S. 163‑182.5.
Ballots issued under Article 20 of this Chapter not postmarked by the day of
the election shall not be accepted by the county board of elections."
SECTION 8. G.S. 163‑278.22 is amended by adding a new subdivision to read:
"(16) To publish a Voter Guide that explains the functions of all statewide offices and legislative office, that shall be distributed to as many voting‑age individuals in the State as practical, through a mailing to all residences or other means it deems effective, and may be in conjunction with the Judicial Voter Guide described in G.S. 163‑278.69. The Voter Guide shall include information concerning all candidates for statewide and legislative office as provided by those candidates according to a format provided to the candidates by the Board. The Voter Guide shall contain the following statement: "Statements by candidates do not express or reflect the opinions of the State Board of Elections." The Board shall request information for the Guide from each candidate according to the following format:
a. Place of residence.
b. Education.
c. Occupation.
d. Employer.
e. Previous elective offices held.
f. Endorsements, limited to 50 words. Concerning endorsements, the Board shall send to the candidates instructions as follows: "In order to have an endorsement published, you must provide written confirmation to the Board from the endorsing person or organization that you received that person's or organization's endorsement."
g. Candidate statement, limited to 150 words. Concerning that statement, the Board shall send to the candidates instructions as follows: "Your statement may include information such as your qualifications, your endorsements, why you would make a good elected official, what distinguishes you from your opponent(s), and any other information relevant to your candidacy. The State Board of Elections will reject any portion of any statement which it determines contains obscene, profane, or defamatory language. The candidate shall have three days to resubmit the candidate statement if the Board rejects a portion of the statement.""
SECTION 9.(a) G.S. 115C‑81(g) is amended by adding a new subdivision to read:
"(1a) Local boards of education shall require during the senior year of high school the teaching of a semester course focused on civics and citizenship education. The high school social studies standard course of study shall include instruction in civic and citizenship education, including, at a minimum, the following components in the high school civic and citizenship education curriculum:
a. That students write to a local, State, or federal elected official about an issue that is important to them;
b. Instruction on the importance of voting and otherwise participating in the democratic process, including instruction on voter registration and preregistration;
c. Information about current events and the federal, State, and local governmental structure; and
d. Information about the democratic process and how laws are made in federal, State, and local governments.
A passing grade in the course shall be required for high school graduation."
SECTION 9.(b) G.S. 115C‑81(g1)(1) is repealed.
SECTION 9.(c) This section is effective when it becomes law and applies beginning with the 2014‑2015 school year. Students who have completed a high school civics course with a passing grade prior to the start of the 2014‑2015 school year shall not be required to reenroll in the course during their senior year.
SECTION 10. Three hundred ninety thousand eight hundred seventy-one dollars ($390,871) shall be transferred to the State Board of Elections to meet federal Help America Vote Act (HAVA) Title II Maintenance of Effort requirements. In the event that funds appropriated to the State Board of Elections (SBOE) for Maintenance of Effort (MOE) are insufficient, SBOE shall transfer funds from their Administration Fund Code (1100) to the Fund Code and Cost Center for MOE to expend on MOE activities to make up the difference. In the event that funds appropriated to the SBOE for MOE are in excess of the required amount, SBOE shall retain the excess amount and revert it to the General Fund at the end of the 2012‑2013 fiscal year.
SECTION 11. Except as otherwise provided, this act is effective when it becomes law.
