Bill Text: NC S595 | 2011-2012 | Regular Session | Amended
Bill Title: Voter Identification at Polls
Spectrum: Partisan Bill (Republican 28-0)
Status: (Introduced - Dead) 2011-04-14 - Ref To Com On Judiciary I [S595 Detail]
Download: North_Carolina-2011-S595-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 595
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Short Title: Voter Identification at Polls. |
(Public) |
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Sponsors: |
Senators Clary; Allran, Apodaca, Bingham, Blake, Brock, Brunstetter, Daniel, Davis, East, Forrester, Goolsby, Gunn, Harrington, Hartsell, Hise, Hunt, Jackson, Meredith, Newton, Pate, Rabon, Rouzer, Rucho, Soucek, Stevens, Tillman, and Tucker. |
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Referred to: |
Judiciary I. |
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April 14, 2011
A BILL TO BE ENTITLED
AN ACT to require that voters provide photo identification prior to voting; and to provide for the issuance of north carolina voter identification cards; and to require voter education on proper identification for voting; and to provide for the issuance of no fee special identification cards to registered voters WITHOUT proper IDENTIFICATION for voting.
The General Assembly of North Carolina enacts:
SECTION 1.1. Article 14A of Chapter 163 of the General Statutes is amended by adding the following new sections to read:
"§ 163‑166.13. Requirement for presentation of identification to local election officials at a voting place.
(a) Except as provided in subsection (c) of this section, every individual seeking to vote in person shall present proper identification to a local election official at a voting place prior to voting there. Proper identification shall consist of one of the following, provided the identification contains a photograph of the registered voter:
(1) A North Carolina drivers license that was issued by the appropriate State agency.
(2) A valid North Carolina voter identification card issued under G.S. 163‑166.14 or other identification card issued by a branch, department, agency, or entity of the State of North Carolina, any other state, or the United States permitted by law to issue personal identification.
(3) A valid United States passport.
(4) A valid employee identification card issued by any branch, department, agency, or entity of the United States government, the State of North Carolina, or any county, municipality, board, authority, or other entity of the State.
(5) A valid United States military identification card.
(6) A valid tribal identification card.
(b) Except as provided in subsection (c) of this section, if an individual is unable to produce any of the items of identification listed in subsection (a) of this section, the individual shall be allowed to vote a provisional ballot upon executing a written affirmation before an election official at the voting place pursuant to G.S. 163‑166.11. Such provisional ballot shall be counted only if the county board of elections is able to verify proper identification of the individual as provided in subsection (a) of this section prior to the canvass conducted by the county board of elections pursuant to G.S. 163‑182.5.
(c) An individual subject to the requirements of G.S. 163‑166.12 shall present the identification required by that section to a local election official prior to voting at a voting place. If the individual is unable to produce the required identification, the individual may vote a provisional ballot pursuant to G.S. 163‑166.12.
"§ 163‑166.14. Voter identification cards.
(a) Each county board of elections shall provide at least one place in the county at which it shall accept applications for and issue North Carolina voter identification cards which shall be valid only for purposes of voter identification under this Chapter and available only to registered voters of this State. No fee shall be charged or collected for the application for or issuance of a North Carolina voter identification card.
(b) No person shall be eligible for a North Carolina voter identification card if such person has a valid unexpired drivers license or special identification card issued under G.S. 20‑37.7.
(c) The North Carolina voter identification card shall be captioned "NORTH CAROLINA VOTER IDENTIFICATION CARD" and shall contain a prominent statement that under North Carolina law it is valid only as identification for voting purposes. The North Carolina voter identification card shall be laminated, shall contain a digital color photograph of the applicant, and shall include the following information:
(1) Full legal name.
(2) Address of residence.
(3) Birth date.
(4) Date identification card was issued.
(5) Sex.
(6) Height.
(7) Weight.
(8) Eye color.
(9) County where the identification card was issued.
(10) Such other information or identification as required by rule of the State Board of Elections.
(d) The application for a North Carolina voter identification card shall elicit the information required under subsection (c) of this section and such other information as may be required by rule of the State Board of Elections. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute a Class I felony.
(e) The county board of elections shall require presentation and verification of the following information before issuing a North Carolina voter identification card to a person:
(1) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth.
(2) Documentation showing the person's date of birth.
(3) Evidence that the person is registered to vote in this State.
(4) Documentation showing the person's name and address of residence.
(f) A North Carolina voter identification card shall remain valid so long as a person resides at the same address and remains qualified to vote. It shall be the duty of a person who moves his or her residence within the State to surrender his or her card to the county board of elections of the county of his or her new residence; and such person may after such surrender apply for and receive a new card if such person is otherwise eligible under this section. It shall be the duty of a person who moves his or her residence outside the State or who ceases to be qualified to vote to surrender his or her card to the county board of elections by which it was issued.
(g) The State Board of Elections shall provide each county board of elections with the necessary equipment, forms, supplies, and training for the production of the North Carolina voter identification cards and shall maintain such equipment.
(h) The State Board of Elections shall adopt rules and regulations for the administration of this section. Such rules and regulations may further define or prescribe the types of documentation required under subsection (e) of this section."
SECTION 1.2. G.S. 163‑22 is amended by adding a new subsection to read:
"(r) The State Board of Elections shall formulate and conduct a voter education program concerning voting procedures for voting by absentee ballot and at the polls with particular emphasis on proper identification required for voting."
SECTION 1.3. G.S. 163‑82.6A(b) reads as rewritten:
"(b) Both Attestation and Proof of Residence
Required. – To vote under this section, a voter must present proper identification
as defined by G.S. 163‑166.13(a). This requirement is separate from
the requirement to provide proof of residence under subdivision (2) of this subsection.
If an individual does not present the required identification, that individual
may vote a provisional official ballot subject to the requirements of G.S. 163‑166.13(b).
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."
SECTION 1.4. G.S. 163‑166.7(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. address and present proper identification
in accordance with G.S. 163‑166.13. In a primary election, that
voter shall also be asked to state, and shall state, the political party with
which the voter is affiliated or, if unaffiliated, the authorizing party in
which the voter wishes to vote. After examination, that official shall state
whether that voter is duly registered to vote in that precinct and shall direct
that voter to the voting equipment or to the official assigned to distribute
official ballots. If a precinct official states that the person is duly
registered, the person shall sign the pollbook, other voting record, or voter
authorization document in accordance with subsection (c) of this section before
voting."
SECTION 1.5. G.S. 163‑166.11(2) reads as rewritten:
"(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 individual shall also present the identification required by G.S. 163‑166.13."
SECTION 1.6. G.S. 163‑227.2(b) 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. 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. board
and present proper identification in accordance with G.S. 163‑166.13.
If an individual does not present the required identification, that individual
may vote a provisional official ballot subject to the requirements of G.S. 163‑166.13(b).
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 1.7. 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 who
is who:
(1) Is legally blind,blind.
(2) is Is at least 70 years old,old.
(3) is homeless,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.
(4) or who hasHas 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. 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) Is a registered North Carolina voter who lacks proper identification required for voting by G.S. 163‑166.13. To obtain a special identification card without paying a fee, the individual must produce evidence that he or she is registered to vote in the State of North Carolina, and must swear under oath that the individual desires an identification card in order to vote in a primary or election in North Carolina, and that the individual does not have any other form of identification that is acceptable under G.S. 163‑166.13. An individual who has been issued a valid drivers license shall not be eligible for a special identification card under this subdivision."
SECTION 1.8. This act becomes effective January 1, 2012, and applies to elections held on or after that date.
