Article 21.
Military Absentee Registration and Voting in Primary and General Elections.
§ 163‑245. Persons in armed forces, their spouses, certain veterans, civilians working with armed forces, and members of Peace Corps may register and vote by mail.
(a) Any individual who is eligible to register and who is qualified to vote in any statewide primary or election held under the laws of this State, and who is absent from the county of his residence in any of the capacities specified in subsection (b) of this section, shall be entitled to register by mail or to vote by absentee ballot or both in the manner provided in this Article.
(b) The provisions of this Article shall apply to the following persons:
(1) Individuals serving in the armed forces of the United States, including, but not limited to, the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Merchant Marine, the National Oceanic and Atmospheric Administration, the commissioned corps of the Public Health Service, and members of the National Guard and military reserve.
(2) Spouses of persons serving in the armed forces of the United States residing outside the counties of their spouses' voting residence.
(3) Disabled war veterans in United States government hospitals.
(4) Civilians attached to and serving outside the United States with the armed forces of the United States.
(5) Members of the Peace Corps.
(6) Other individuals meeting the definitions of "absent uniformed services voter" and "overseas voter" in the federal Uniformed and Overseas Citizens Absentee Voting Act.
(c) An otherwise valid voter registration or absentee ballot application submitted by an absent uniformed services voter during a year shall not be refused or prohibited on the grounds that the voter submitted the application before the first date on which the county board of elections otherwise accepts those applications submitted by absentee voters who are not members of the uniformed services for that year.
(d) If any absent uniformed services or overseas voter submits a voter registration application or absentee ballot request, and the request is rejected, the board of elections that makes the rejection shall notify the voter of the reasons for the rejection.
(e) The requirement for any oath or affirmation to accompany any document as to voter registration or absentee ballots under this Article may be met by use of the standard oath prescribed by the Presidential designee under section 101(b)(7) of the Uniformed and Overseas Citizens Absentee Voting Act. (1941, c. 346, ss. 1, 1a; 1943, c. 503, s. 1; 1945, c. 758, s. 4; 1953, c. 908; 1963, c. 457, s. 16; 1967, c. 775, s. 1; 1973, c. 793, s. 71; 2001‑466, s. 4(a); 2003‑226, s. 19; 2006‑192, s. 6; 2009‑281, s. 1.)
§ 163‑246. Provisions of Article 20 applicable except as otherwise provided; State Board of Elections to adopt regulations.
Except as otherwise provided in this Article, registration by mail and absentee voting by individuals to whom this Article is applicable shall be governed by the provisions of Article 20 of this Chapter. By way of illustration rather than limitation, the provisions of this paragraph shall apply to the form of absentee ballots, certificates and container‑return envelopes; the manner of depositing and voting military absentee ballots; the counting and certifying of results; the hearing of challenges; and the preservation of container‑return envelopes in which executed military absentee ballots are transmitted. The intent of this Article is that each uniformed services voter receives the utmost consideration and cooperation when voting, that each valid ballot cast by that voter is duly counted, and that all qualified uniformed and overseas voters have equal opportunity to cast a vote and have it counted if it conforms with the law. For purposes of this Article, "uniformed services voter" means those individuals set forth as such in The Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA).
The State Board of Elections is authorized to adopt and promulgate whatever rules and regulations (not in conflict with other provisions of this Chapter) it may deem necessary to carry out the true intent and purpose of this Article. (1941, c. 346, ss. 7‑10; 1943, c. 503, ss. 7, 8; 1963, c. 457, s. 15; 1967, c. 775, s. 1; 2001‑466, s. 4(b).)
§ 163‑247. Methods of applying for absentee ballots.
An individual entitled to exercise the rights conferred by this Article and who is absent from the county of his residence may apply for absentee ballots in either of the ways provided in this section.
(1) Federal Postcard Application Form. – At any time prior to the statewide primary or general election in which he seeks to vote, the applicant may make and sign a written application to the County Board of Election[s] in County of Voter's Residence for absentee ballots on the postcard form specified in or promulgated by regulation under The Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA), 42 U.S.C. § 1973ff(b) and § 1973ff‑3.
(2) Application to Chairman of County Board of Elections. – In lieu of applying on the federal postcard as provided in the preceding subdivision, at any time prior to the statewide primary or general election in which he seeks to vote the applicant may make and sign a written application to the chairman of the board of elections of the county of his residence upon a form prepared and furnished him upon request by the county board of elections. This form shall require the applicant's signature and shall elicit from him:
a. A request for absentee ballots to be voted in a specified statewide primary or general election.
b. A statement of his political party affiliation if he seeks to vote by absentee ballot in a primary election.
c. A statement of his membership in the armed forces of the United States, or his membership in one of the other categories to which this Article is made applicable in G.S. 163‑245.
d. A statement of the precinct in which he is registered to vote, or, if the applicant is not registered, a statement of his address before entering military or other qualifying service and the period of time he resided at that address.
e. A statement of the address to which the absentee ballots should be mailed.
In lieu of using a form prepared and furnished by the county board of elections, the voter may apply in an informal writing. If the written application is signed by the voter and if it contains all the information required by this subdivision, it shall be regarded as sufficient to permit the chairman of the county board of elections to act upon it.
(3) If a single application from an absentee uniformed voter is received by an election official, it shall be considered a valid absentee ballot request with respect to all general, primary, and runoff elections for federal, State, county, or those municipal offices in which absentee ballots are allowed under the provisions of G.S. 163‑302, held through the next two regularly scheduled general elections for federal office. This subdivision does not apply to a special election not involving the election of candidates, unless that special election is being held on the same day as a general or primary election. (1941, c. 346, ss. 2, 3; 1943, c. 503, s. 2; 1963, c. 457, s. 12; 1967, c. 775, s. 1; 1977, c. 265, s. 16; 1987, c. 415, s. 1; 2001‑466, ss. 4(c), 4(d); 2003‑226, s. 20.)
§ 163‑248. Register, ballots, container‑return envelopes, and instruction sheets.
(a) Register of Military Absentee Ballot Applications and Ballots Issued. – The State Board of Elections shall approve an official register of military absentee ballot applications and ballots issued in which shall be recorded whatever information and official action may be required by this Article. The State Board of Elections may provide for the register to be kept by electronic data processing equipment, and a copy or a supplement of new information shall be printed each business day.
The register of military absentee ballot applications and ballots issued shall constitute a public record.
(b) Absentee Ballot Form. – Persons entitled to vote by absentee ballot under the terms of this Article shall be furnished with regular official ballots; separate or distinctly marked absentee ballots shall not be used. The State Board of Elections and the county boards of elections shall have all necessary absentee ballots printed and in the hands of the proper election officials not later than 60 days before the statewide general election in even‑numbered years and not later than 50 days before the primary or any other election. However, in the case of municipal elections, absentee ballots shall be made available no later than 30 days before an election.
(c) Container‑Return Envelope. – The county board of elections shall print a sufficient number of envelopes in which persons casting military absentee ballots may transmit their marked ballots to the chairman of the county board of elections. The container‑return envelopes shall be printed and available for use not later than 60 days before the statewide general election in even‑numbered years and not later than 50 days before the primary or any other election. However, in the case of municipal elections, container‑return envelopes shall be made available no later than 30 days before an election. Each container‑return envelope shall be printed in accordance with the following instructions:
(1) On one side shall be arranged identified spaces in which the chairman of the county board of elections may insert the name of the applicant, the number assigned his application, and the designation of the precinct in which the applicant is registered.
(2) On the other side shall be printed the return address of the chairman of the county board of elections and the following certificate:
"Certificate of Absentee Voter
I, ______________ , do hereby certify that I am a resident and qualified voter in
________ precinct, ______ County, North Carolina, and that I am [check whichever of the following statements is correct]
[ ] Serving in the armed forces of the United States
[ ] The spouse of a member of the armed forces of the United States residing outside the county of my spouse's residence
[ ] A disabled war veteran in a United States government hospital
[ ] A civilian attached to and serving outside the United States with the armed forces of the United States
[ ] A member of the Peace Corps
[ ] A United States citizen currently outside the United States
I further certify that I am affiliated with the ______ Party. [To be completed only if applicant seeks to vote in the primary of the political party to which he belongs.]
I further certify that the following is my official address:
_________________________________________________________
[Unit (Co., Sq., Trp., Bn., etc.), Governmental Agency, or Office]
_________________________________________________________
[Military Base, Station, Camp, Fort, Ship, Airfield, etc.]
_________________________________________________________
[Street number, APO, or FPO number]
_________________________________________________________
[City, postal zone, State, and zip code]
_________________________________________________________
[E‑mail address]
I further certify that I made application for absentee ballots and that I marked the ballots enclosed herein, or that they were marked for me in my presence and according to my instruction. I understand it is a felony to falsely sign this certificate.
Witness my hand in the presence of ______ [Insert name and address of witness] this ____ day of ______, ____.
_________________________________________________________
(Signature of voter)
Signature of witness ____________________________________________________
Address of witness ____________________________________________________
Note: This certificate must be witnessed by a person who is 18 years of age or older, and must contain the signature and address of the witness.
(d) Instruction Sheets. – The county board of elections shall prepare and print a sufficient number of sheets of instructions on how voters covered by the provisions of this Article are to prepare absentee ballots and return them to the chairman of the county board of elections. The instruction sheets shall be printed and available for use not later than the date of ballot availability. (1929, c. 164, s. 39; 1941, c. 346, ss. 2‑6; 1943, c. 503, s. 3; 1963, c. 457, ss. 12‑14; 1967, c. 775, s. 1; 1973, c. 793, s. 72; 1975, c. 844, ss. 15‑17; 1979, c. 411, s. 7; 1985 (Reg. Sess., 1986), c. 986, s. 2; 1987, c. 485, ss. 2, 5; c. 509, s. 9; c. 583, s. 5; 1989, c. 635, s. 5; 1999‑456, s. 59; 2009‑537, s. 1.)
§ 163‑249. Consideration and approval of applications and issuance of absentee ballots.
The procedure to be followed in receiving applications for absentee ballots under this Article, passing upon their validity, and issuing absentee ballots shall be governed by the provisions of this section.
(1) Record of Applications Received and Ballots Issued. – Upon receipt of a voter's written application for absentee ballots in either of the forms permitted by G.S. 163‑247, the chairman of the county board of elections shall promptly enter in the register of military absentee ballot applications and ballots issued:
a. Name of voter applying for absentee ballots.
b. Applicant's political party affiliation as stated in an application for ballots in a primary.
c. Number assigned voter's application. (Numbers assigned applications received under the provisions of this Article shall be chosen so as not to be identical with numbers assigned applications received under the provisions of Article 20.)
d. Precinct in which applicant is registered if he is already registered, or precinct in which applicant is registered by the chairman of the county board of elections under the provisions of subdivisions (2) and (3) of this section.
e. Address to which ballots are to be mailed.
f. Statement of basis on which applicant asserts his qualifications for obtaining absentee ballots under the provisions of this Article.
g. Date application for ballots is received by chairman.
(2) Determination of Validity of Applications for Absentee Ballots; Handling Applications for Persons Not Registered. – The chairman of the county board of elections shall pass upon the validity of all applications for absentee ballots received under the provisions of this Article, and he shall not delegate this responsibility.
If the chairman finds that the applicant is a qualified voter of the county, that he is registered in the precinct stated in his application, that the assertions in his application are true, that they demonstrate that he is entitled to vote by absentee ballot under the terms of this Article, and that his application is in proper form, the chairman shall approve the application for absentee ballots.
If the chairman finds that the applicant is not registered to vote in the precinct in which he declares he is a resident, the chairman shall make a reasonable investigation as to the applicant's residence. If the chairman determines that the applicant is a resident of the precinct asserted, that he is eligible to register and vote under the Constitution and statutes of this State, and that his application is otherwise in order, the chairman shall register him according to the procedure specified in subdivision (3) of this section and approve his application for absentee ballots.
(3) Record of Chairman's Decisions; Registration by Chairman. – At the time the chairman of the county board of elections makes his decision on an application for absentee ballots, he shall enter in the appropriate column in the register of military absentee ballot applications and ballots issued opposite the name of the applicant a notation of whether his application was "Approved" or "Disapproved." In cases in which the chairman determines that an unregistered applicant is entitled to register, he shall also note in the appropriate column of the register the designation of the precinct in which the applicant is entitled to vote. This entry shall constitute registration and shall entitle an otherwise qualified applicant to receive absentee ballots.
(4) Delivery of Absentee Ballots and Container‑Return Envelope to Applicant. – When the chairman of the county board of elections approves an application for military absentee ballots he shall promptly issue and transmit them in accordance with the following instructions:
a. On the top margin of each ballot the applicant is entitled to vote, the chairman shall write or type the words "Absentee Ballot No ____" and insert in the blank space the number assigned the applicant's application in the register of military absentee ballot applications and ballots issued. He shall not write, type, or print any other matter upon the ballots transmitted to the absentee voter.
b. The chairman 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, the absentee voter's name, his application number, and the designation of the precinct in which his ballots are to be voted. The chairman shall leave the container‑return envelope holding the ballots unsealed.
c. The chairman 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 applicant at the address stated in his application, seal the envelope, and mail it at the expense of the county board of elections. (1941, c. 346, ss. 2, 3, 4, 5; 1943, c. 503, s. 3; 1963, c. 457, ss. 12, 13; 1967, c. 775, s. 1.)
§ 163‑250. Voting absentee ballots and transmitting them to chairman of county board of elections.
(a) Procedure for Voting Absentee Ballots. – In the presence of a person who is at least 18 years of age, the voter shall:
(1) Mark the voter's ballots, or cause them to be marked by that person in the voter's presence according to the voter's instructions.
(2) Fold each ballot separately, or cause each of them to be folded in the voter's presence.
(3) Place the folded ballots in the container‑return envelope and securely seal it, or have this done in the voter's presence.
(4) Make and subscribe the certificate printed on the container‑return envelope according to the provisions of G.S. 163‑248(c).
The person in whose presence the ballots were marked shall sign the certificate as a witness and shall give that person's address.
(b) Transmitting Executed Absentee Ballots to Chairman of County Board of Elections. – When executed and witnessed in accordance with the provisions of subsection (a) of this section, the sealed container‑return envelope in which executed absentee ballots have been placed shall be mailed by the voter to the chairman of the county board of elections who issued them. (1941, c. 346, ss. 7‑10; 1963, c. 457, s. 15; 1967, c. 775, s. 1; 1987, c. 583, s. 6; 2009‑537, s. 7.)
§ 163‑251. Certified list of approved military absentee ballot applications; record of ballots received; disposition of list; list constitutes registration.
(a) Preparation of List. – The chairman of the county board of elections shall prepare, or cause to be prepared, a list in quadruplicate of all military absentee ballots returned to the county board of elections to be counted which have been approved by the county board of elections. At the end of the list the chairman shall execute the following certificate under oath:
"State of North Carolina
County of_______________________________________________________
I, __________________, Chairman of the __________________ County Board of Elections, do hereby certify that the foregoing is a list of all executed military absentee ballots to be voted in the election to be conducted on the __________ day of ____________, ________, which have been approved by the County Board of Elections. I further certify that I have issued ballots to no other persons than those listed herein and further that I have not delivered military absentee ballots to persons other than those listed herein; that this list constitutes the only precinct registration of military absentee voters whose names have not heretofore been entered on the regular registration of the appropriate precinct.
This the __________ day of _______, _____.
___________________________________________
(Signature of Chairman of County
Board of Elections)
Sworn to and subscribed before me this __________ day of ____________, ________
_______________________________________________________________
(Signature of Officer administering oath)
_______________________________________________________________
(Title of officer)"
(b) Distribution of List. – No earlier than 3:00 P.M. on the day before the election and no later than 10:00 A.M. on election day, the chairman shall cause one copy of the list of executed military absentee ballots, which may be a continuing countywide list or a separate list for each precinct, to be immediately deposited as first‑class mail to the State Board of Elections. The chairman shall retain one copy in the board office for public inspection and he shall cause two copies of the appropriate precinct list to be delivered to the chief judge of each precinct in the county. The chief judge shall post one copy in the voting place and retain one copy until all challenges of absentee ballots have been heard by the county board of elections. Challenges shall be made as provided in G.S. 163‑89.
After receipt of the list of absentee voters required by this section the chief judge shall call the name of each person recorded on the list and enter an "A" in the appropriate voting square on the voter's permanent registration record, if any. If such person is already recorded as having voted in that election, the chief judge shall enter a challenge which shall be presented to the chairman of the county board of elections for resolution by the board of elections prior to certification of results by the board.
(c) List Constitutes Registration. – The "List of Applicants for Military Absentee Ballots to Whom Ballots Have Been Issued" prescribed by this section, when delivered to the chief judges of the various precincts, shall constitute the only precinct registration of the military absentee voters listed thereon whose names are not already entered in the registration records of the appropriate precinct. Chief judges shall not add the names of persons listed on the military absentee list to the regular registration books of their precincts.
(d) Counting Ballots, Hearing Challenges. – The county board of elections shall count military ballots as provided for civilian absentee ballots in G.S. 163‑234, and shall hear challenges as provided in G.S. 163‑89. (1941, c. 346, ss. 7‑10, 12, 13; 1943, c. 503, ss. 4, 5; 1963, c. 457, s. 15; 1967, c. 775, s. 1; 1973, c. 536, s. 2; 1977, c. 265, s. 17; 1979, c. 797, s. 3; 1981, c. 155, s. 2; c. 308, s. 3; 1983, c. 331, s. 4; 1993 (Reg. Sess., 1994), c. 762, ss. 56, 57; 1999‑456, s. 59.)
§ 163‑252. Repealed by Session Laws 1973, c. 536, s. 5.
§ 163‑253. Article inapplicable to persons after change of status; reregistration not required.
Upon discharge from the armed forces of the United States or termination of any other status qualifying the voter to register and vote by absentee ballot under the provisions of this Article, the voter shall not be entitled to vote by military absentee ballot, but if the voter was registered under the provisions of this Article that voter's registration shall remain valid for the remainder of the calendar year that voter registered, and that voter shall be entitled to vote in any primary or election for the remainder of the calendar year without having to reregister. If requested by election officials, the voter shall present proof of military status at the time of registration. This section does not entitle a person to vote in North Carolina if that person has become disqualified because of change of permanent residence to another State or because of conviction of a felony. (1943, c. 503, s. 12; 1967, c. 775, s. 1; 1999‑424, s. 7(k); 2001‑466, s. 4(e).)
§ 163‑254. Registration and voting on primary or election day.
Notwithstanding any other provisions of Chapter 163 of the General Statutes, an individual shall be permitted to register in person at any time the office of the board of elections or the voting place is open, including the day of a primary or election if that individual was absent on the day the registration records close for an election, but returns to that individual's county of residence in North Carolina thereafter, and if the absence is due to an occupation or status of that individual listed below:
(1) Individuals serving in the armed forces of the United States, including (but not limited to) the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Merchant Marine, the National Oceanic and Atmospheric Administration, the commissioned corps of the Public Health Service, and members of the National Guard and military reserve.
(2) Spouses of individuals serving in the armed forces of the United States residing outside the counties of their spouses' voting residence.
(3) Disabled war veterans in United States government hospitals.
(4) Civilians attached to and serving outside the United States with the armed forces of the United States.
(5) Members of the Peace Corps.
If an individual so absent on the day registration closes shall appear in person at the voting place on election day and is otherwise eligible to vote, that individual shall be entitled to register and vote at the voting place that day, regardless of whether the person's occupation or status as outlined in subdivisions (1) through (5) of this section has changed since the close of registration. (1977, c. 93; 1999‑424, s. 7(l); 2001‑353, s. 3; 2009‑281, s. 1.)
§ 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 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 or election. (1977, c. 93; 1979, c. 797, s. 4.)
§ 163‑256. Regulations of State Board of Elections.
(a) The State Board of Elections shall adopt rules and regulations to carry out the intent and purpose of G.S. 163‑254 and 163‑255, and to ensure that a proper list of persons voting under said sections shall be maintained by the boards of elections, and to ensure proper registration records, and such rules and regulations shall not be subject to the provisions of Article 2A of Chapter 150B of the General Statutes.
(b) The State Board of Elections shall be the single office responsible for providing information concerning voter registration and absentee voting procedures to be used by absent uniformed services voters and overseas voters as to all elections and procedures relating to the use of federal write‑in absentee ballots. Unless otherwise required by law, the State Board of Elections shall be responsible for maintaining contact and cooperation with the Federal Voting Assistance Program, the United States Department of Defense, and other federal entities that deal with military and overseas voting. The State Board of Elections shall, as needed, make recommendations concerning military and overseas citizen voting to the General Assembly, the Governor, and other State officials. (1977, c. 93; 1987, c. 827, s. 1; 2003‑226, s. 18.)
§ 163‑257. Facsimile, electronic mail, or scanned transmission of election materials.
An applicant entitled to exercise the rights conferred by this Article may apply for registration and an absentee ballot by facsimile, electronic mail, or transmission of a scanned document if otherwise qualified to apply for and vote by absentee ballot. A county board of elections may send and receive absentee ballot applications and accept voted ballots by facsimile, electronic mail, or transmission of a scanned document from eligible electors as defined in G.S. 163‑245. The State Board of Elections shall promulgate uniform rules for the use of facsimiles, electronic mail, and transmission of scanned documents in application and voting under this section, and all county boards of elections shall adhere to those rules. (1999‑455, s. 20; 2004‑127, s. 9(b).)
§ 163‑258. Emergency powers.
If an international, national, or local emergency or other situation arises that makes substantial compliance with this Article or the Uniformed and Overseas Citizens Absentee Voting Act impossible or unreasonable, the State Board of Elections may prescribe, by emergency rule, such special procedures or requirements as may be necessary to facilitate absentee voting by those absent uniformed services voters or overseas voters directly affected who are eligible to vote in this State. The rule shall become effective when filed with the Codifier of Rules. (2009‑537, s. 9.)