NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 746

HOUSE BILL 940

 

 

AN ACT TO AUTHORIZE AGED OR DISABLED PERSONS TO VOTE OUTSIDE THE VOTING ENCLOSURE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 13 of Chapter 163 of the General Statutes is hereby amended by adding a new section at the end thereof to read as follows:

"§ 163-155.  Aged and disabled persons allowed to vote outside voting enclosure. — In any primary or election any qualified voter who is able to travel to the voting place, but because of age, or physical disability and physical barriers encountered at the voting place is unable to enter the voting place or enclosure to vote in person without physical assistance, shall be allowed to vote between the hours of 9:00 a.m. and 5:00 p.m. only either in the vehicle conveying such person to the voting place or in the immediate proximity of the voting place under the following restrictions:

(1)        The county board of elections shall have printed and numbered a sufficient supply of affidavits to be distributed to each precinct registrar which shall be in the following form:

"Affidavit of person voting outside voting place or enclosure.

State of North Carolina

County of ______________.

I do solemnly swear (or affirm) that I am a registered voter in ______________ precinct. That because of age or physical disability I am unable to enter the voting place to vote in person without physical assistance. That I desire to vote outside the voting place and enclosure.

I understand that a false statement as to my condition will subject me to a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed six months, or both.

______________

Date                                                                 _________________

                                                                        Signature of voter

                                                                        _________________

                                                                        Address

                                                                        _________________

                                                                        Signature of assistant who administered oath."

(2)        The registrar shall designate one of the assistants, appointed under G.S. 163-42 to attend the voter. Upon arrival outside the voting place, the voter shall execute the affidavit after being sworn by the assistant. The ballots shall then be delivered to the voter who shall mark the ballots and hand them to the assistant. The ballots shall then be delivered to one of the judges of elections who shall deposit the ballots in the proper boxes. The affidavit shall be delivered to the other judge of election.

(3)        The voter shall be entitled to the same assistance in marking the ballots as is authorized by G.S. 163-152.

(4)        The affidavit executed by the voter shall be retained by the county board of elections for a period of six months. In those precincts using voting machines, the county board of elections shall furnish paper ballots of each kind for use by persons authorized to vote outside the voting place by this section.

A violation of this section shall be a misdemeanor and upon conviction punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed six months, or both, in the discretion of the court."

Sec. 2.  This act shall become effective July 1, 1971.

In the General Assembly read three times and ratified, this the 5th day of July, 1971.