Bill Text: NC H913 | 2013-2014 | Regular Session | Amended

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Bill Title: Voter Integrity

Sponsorship: Strong Partisan Bill (Republican 14-1)

Status: (Introduced - Dead) 2013-04-15 - Ref To Com On Elections [H913 Detail]

Download: North_Carolina-2013-H913-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 913

 

 

Short Title:        Voter Integrity.		(Public)
Sponsors:	Representative Blust (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Elections.

April 15, 2013

A BILL TO BE ENTITLED

AN ACT to better ensure voter integrity.

The General Assembly of North Carolina enacts:

 

PART I. ELIMINATE SAME‑DAY REGISTRATION

SECTION 1.1.  G.S. 163‑82.6(c) reads as rewritten:

"(c)       Registration Deadlines for a Primary or Election. � In order to be valid for a primary or election, except as provided in G.S. 163‑82.6A, election the form:

(1)        If submitted by mail, must be postmarked at least 25 days before the primary or election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the primary or election,

(2)        If submitted in person, by facsimile transmission, or by transmission of a scanned document, must be received by the county board of elections by a time established by that board, but no earlier than 5:00 P.M., on the twenty‑fifth day before the primary or election,

(3)        If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the primary or election, except as provided in subsection (d) of this section."

SECTION 1.2.  G.S. 163‑82.6A is repealed.

SECTION 1.3.  G.S. 163‑166.12(b2) reads as rewritten:

"(b2)    Voting When Identification Numbers Do Not Match. � Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163‑82.12 did not result in a match, and the number has not been otherwise validated by the board of elections, in the first election in which the individual votes that individual shall submit with the ballot the form of identification described in subsection (a) or subsection (b) of this section, depending upon whether the ballot is voted in person or absentee. If that identification is provided and the board of elections does not determine that the individual is otherwise ineligible to vote a ballot, the failure of identification numbers to match shall not prevent that individual from registering to vote and having that individual's vote counted. If the individual registers and votes under G.S. 163‑82.6A, the identification documents required in that section, rather than those described in subsection (a) or (b) of this section, apply."

SECTION 5.4.  G.S. 163‑227.2(a) reads as rewritten:

"(a)       Any voter eligible to vote by absentee ballot under G.S. 163‑226 may request an application for absentee ballots, complete the application, and vote under the provisions of this section and of G.S. 163‑82.6A, as applicable.section."

 

PART II. PROVISIONAL BALLOTS RETRIEVABLE

SECTION 2.1.  G.S. 163‑166.11 reads as rewritten:

"§ 163‑166.11.  Provisional voting requirements.

If an individual seeking to vote claims to be a registered voter in a jurisdiction as provided in G.S. 163‑82.1 and though eligible to vote in the election does not appear on the official list of eligible registered voters in the voting place, that individual may cast a provisional official ballot as follows:

(1)        An election official at the voting place shall notify the individual that the individual may cast a provisional official ballot in that election.

(2)        The individual may cast a provisional official ballot at that voting place upon executing a written affirmation before an election official at the voting place, stating that the individual is a registered voter in the jurisdiction as provided in G.S. 163‑82.1 in which the individual seeks to vote and is eligible to vote in that election. The provisional ballot shall be a retrievable ballot, such that if the ballot is counted and it is later determined that it should not have been counted, that ballot may be removed from the total.

(2a)      A voter who has moved within the county more than 30 days before election day but has not reported the move to the board of elections shall not be required on that account to vote a provisional ballot at the one‑stop site, as long as the one‑stop site has available all the information necessary to determine whether a voter is registered to vote in the county and which ballot the voter is eligible to vote based on the voter's proper residence address. The voter with that kind of unreported move shall be allowed to vote the same kind of absentee ballot as other one‑stop voters as provided in G.S. 163‑227.2(e2).

(3)        At the time the individual casts the provisional official ballot, the election officials shall provide the individual written information stating that anyone casting a provisional official ballot can ascertain whether and to what extent the ballot was counted and, if the ballot was not counted in whole or in part, the reason it was not counted. The State Board of Elections or the county board of elections shall establish a system for so informing a provisional voter. It shall make the system available to every provisional voter without charge, and it shall build into it reasonable procedures to protect the security, confidentiality, and integrity of the voter's personal information and vote.

(4)        The cast provisional official ballot and the written affirmation shall be secured by election officials at the voting place according to guidelines and procedures adopted by the State Board of Elections. At the close of the polls, election officials shall transmit the provisional official ballots cast at that voting place to the county board of elections for prompt verification according to guidelines and procedures adopted by the State Board of Elections.

(5)        The county board of elections shall count the individual's provisional official ballot for all ballot items on which it determines that the individual was eligible under State or federal law to vote."

 

PART III. PHYSICAL ADDRESS REQUIRED TO REGISTER TO VOTE

SECTION 3.1.  G.S. 163‑57(1) reads as rewritten:

"(1)      That place shall be considered the residence of a person in which that person's habitation is fixed, and to which, whenever that person is absent, that person has the intention of returning.

a.         In the event that a person's habitation is divided by a State, county, municipal, precinct, ward, or other election district, then the location of the bedroom or usual sleeping area for that person with respect to the location of the boundary line at issue shall be controlling as the residency of that person.

b.         If the person disputes the determination of residency, the person may request a hearing before the county board of elections making the determination of residency. The procedures for notice of hearing and the conduct of the hearing shall be as provided in G.S. 163‑86. The presentation of an accurate and current determination of a person's residence and the boundary line at issue by map or other means available shall constitute prima facie evidence of the geographic location of the residence of that person.

c.         In the event that a person's residence is not a traditional residence associated with real property, then the location of the usual sleeping area for that person shall be controlling as to the residency of that person. Residence shall be broadly construed to provide all persons with the opportunity to register and to vote, including stating a mailing address different from residence address.

d.         A vacant lot or business address shall not be considered a residence or used as a residential address unless a person uses that location as their usual sleeping area."

 

PART IV. ENHANCED VOTER LIST MAINTENANCE

SECTION 4.1.(a)  G.S. 163‑33 reads as rewritten:

"§ 163‑33. Powers and duties of county boards of elections.

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

�

(14)      To make forms available for near relatives or personal representatives of a deceased voter's estate to provide signed statements of the status of a deceased voter to return to the board of elections of the county in which the deceased voter was registered. Forms may be provided, upon request, to any of the following: near relatives, personal representatives of a deceased voter's estate, funeral directors, or funeral service licensees."

SECTION 4.1.(b)  G.S. 163‑82.14(b) reads as rewritten:

"(b)      Death. � The Department of Health and Human Services shall furnish free of charge to the State Board of Elections every month, in a format prescribed by the State Board of Elections, the names of deceased persons who were residents of the State. The State Board of Elections shall distribute every month to each county board of elections the names on that list of deceased persons who were residents of that county. The Department of Health and Human Services shall base each list upon information supplied by death certifications it received during the preceding month. Upon the receipt of those names, each county board of elections shall remove from its voter registration records any person the list shows to be dead. Each county board of elections shall also remove from its voter registration records a person identified as deceased by a signed statement of a near relative or personal representative of the estate of the deceased voter. The county board need not send any notice to the address of the person so removed."

SECTION 4.1.(c)  Article 13A of Chapter 90 of the General Statutes is amended by adding a new section to read:

"§ 90‑210.25C.  Notification forms for deceased voters.

(a)        At the time funeral arrangements are made, a funeral director or funeral service licensee is encouraged to make available to near relatives of the deceased a form upon which the near relative may report the status of the deceased voter to the board of elections of the county in which the deceased was a registered voter.

(b)        A funeral director or funeral service licensee may obtain forms for reporting the status of deceased voters from the county board of elections."

SECTION 4.1.(d)  The State Board of Elections shall seek to participate in any national or interstate efforts to share vital records data for the purpose of voter roll maintenance. Any state that is currently allowed access to North Carolina vital records for the purpose of voter roll maintenance in that state must allow reciprocal access to their vital records by July 1, 2015, or they shall no longer have access to North Carolina vital records for that purpose. The Division of Motor Vehicles shall exchange data with the State Board of Elections to enhance voter list maintenance by cancelling the voter registration of those who have moved out‑of‑state, updating the voter registration of a voter whose name has changed, and updating the voter registration of a person who has reported a change of address, including automatically changing their voter registration to the correct county.

 

PART V. COMPENSATION FOR VOTER REGISTRATION LIMITED

SECTION 5.1.  G.S. 163‑274 is amended by adding a new subdivision to read:

"§ 163‑274.  Certain acts declared misdemeanors.

(a)        Class 2 Misdemeanors. � Any person who shall, in connection with any primary or election in this State, do any of the acts and things declared in this subsection to be unlawful, shall be guilty of a Class 2 misdemeanor. It shall be unlawful:

�

(14)      For any person to be compensated, whether based on the number of forms submitted or otherwise, for assisting persons in registering to vote unless that person is conducting voter registration for a governmental agency as required by this Chapter or by federal law."

 

PART VI. ELECTION OBSERVER RIGHTS SPECIFIED

SECTION 6.1.  G.S. 163‑45 reads as rewritten:

"§ 163‑45.  Observers; appointment.

(a)        Appointment of Observers. � 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. Not more than two observers from the same political party shall be permitted in the voting enclosure at any time. 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.

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. 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 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. 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. 163‑227.2, 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.

(b)        Rights of Observer. � An observer shall do no electioneering at the voting place, and shall in no manner impede the voting process or interfere or communicate with or observe any voter in casting a ballot, but, subject to these restrictions, the chief judge and judges of elections shall permit the observer to make such observation and take such notes as the observer may desire. The observer shall be authorized to be present and move about the voting place prior to, during, and following the closing of the polls until the chief judge and judges have completed all of their duties. The observer shall be permitted to observe precinct officials checking voter registration from a position that allows an observer to clearly hear and understand voter responses.

A chief judge or judges of a precinct that limit the movement of or expel an observer from a voting place shall specify in writing and sign a statement of the reasons for the limitation or expulsion. The writing shall be witnessed by at least one of the other precinct judges. An observer may challenge the limitation or expulsion using the procedure for an election protest as provided in G.S. 163‑182.9. If the county board finds that a chief judge or judge expelled or limited an observer without cause, the chief judge or judge shall be fined the sum of the wage paid to the chief judge or judge for that election for a first offense, and shall be permanently barred from serving as a chief judge or judge for a second offense.

Whether or not the observer attends to the polls for the requisite time provided by this section, each observer shall be entitled to obtain at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart, a list of the persons who have voted in the precinct so far in that election day. Counties that use an "authorization to vote document" instead of poll books may comply with the requirement in the previous sentence by permitting each observer to inspect election records so that the observer may create a list of persons who have voted in the precinct so far that election day; each observer shall be entitled to make the inspection at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart.

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

 

PART VII. ENHANCE DELIVERY OF MILITARY AND OVERSEAS ABSENTEE BALLOTS FOR PRESIDENTIAL ELECTION WHEN PRESIDENTIAL NOMINATING CONVENTIONS CONCLUDE AFTER LABOR DAY

SECTION 7.(a)  G.S. 163‑227.3 reads as rewritten:

"§ 163‑227.3.  Date by which absentee ballots must be available for voting.

(a)        A board of elections shall provide absentee ballots of the kinds needed 60 days prior to the statewide general election in even‑numbered years and 50 days prior to the date on which any other election shall be conducted, unless 45 days is authorized by the State Board of Elections under G.S. 163‑22(k) or there shall exist an appeal before the State Board or the courts not concluded, in which case the board shall provide the ballots as quickly as possible upon the conclusion of such an appeal. Provided, in a presidential election year, the board of elections shall provide general election ballots no later than three days after nomination of the Presidential and Vice Presidential candidates if that nomination occurs later than 57 days prior to the statewide general election and makes compliance with the 60‑day deadline impossible. However, in the case of municipal elections, absentee ballots shall be made available no later than 30 days before an election. In every instance the board of elections shall exert every effort to provide absentee ballots, of the kinds needed by the date on which absentee voting is authorized to commence.

(b)        Second Primary. � The board of elections shall provide absentee ballots, of the kinds needed, as quickly as possible after the ballot information for a second primary has been determined."

SECTION 7.(b)  G.S. 163‑258.9(a) reads as rewritten:

"(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. Provided, in a presidential election year, the board of elections shall provide general election ballots no later than three days after nomination of the Presidential and Vice Presidential candidates if that nomination occurs later than 57 days prior to the statewide general election and makes compliance with the 60‑day deadline impossible. 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."

SECTION 8.  This act shall become effective January 1, 2014.