GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 2
HOUSE BILL 1743
Committee Substitute Favorable 5/8/07
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Short Title: Election Amendments. |
(Public) |
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Sponsors: |
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Referred to: |
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April 19, 2007
A BILL TO BE ENTITLED
AN ACT to Accept absentee ballots that arrive by five o'clock p.m. on election day; to clarify the perjury provision in campaign finance statutes; to provide civil penalties for deceptive late filing of campaign reports; to Repeal the three-thousand-dollar presumption of a committee's major purpose; to provide for earlier distribution of the judicial voter guide; to Correct an error in the elections oath statute; to provide for participation in the Census redistricting data program and for consistency of election data; to allow ballots to be combined; to correct and make consistent the designation of multicounty districts in the ballot access statutes; to provide for a misdemeanor penalty for breaching ballot secrecy; to provide that a ballot need not have a write-in space if no write-ins are allowed; to correct a date reference in the certification statute; to extend the provision for recasting lost votes; to clarify that the buffer zone law applies to one-stop sites; to extend the limitations on political activities for election board members to election board employees; to require that boards of elections be provided maps of sanitary districts; to provide misdemeanor penalties for certain abuses at voter registration drives; to provide for a felony penalty for instructing or coercing noncitizen voting; to update the reporting of felony convictions; To clarify the public record status of certain voter registration information; to broaden the statute regarding correcting voter registration forms; to apply the identification requirement to voters whose drivers license numbers or social security numbers cannot be matched in a computer check; to provide for notice in the appointment of observers and runners; to prohibit taking the picture of a voter while inside, entering, or exiting the voting enclosure; to make the state board of elections responsible for ballot coding; and to require county boards of elections to comply with specifications for ballot printers and to maintain their software warranties.
The General Assembly of North Carolina enacts:
SECTION 1.(a) 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 21 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 of
the statewide primary or general election or county bond election. If such
ballots are received later than that hour, they shall not be accepted for
unless federal law so requires."
SECTION 1.(b) G.S. 163-234(1) reads as rewritten:
"(1) Only those absentee
ballots returned to the county board of elections no later than 5:00 p.m. on the
day before election day in a properly executed container-return envelope
shall be counted, except to the extent federal law requires otherwise."
SECTION 1.(c) G.S. 163-89(a) reads as rewritten:
"(a) Time for Challenge. - The absentee ballot of any voter may be challenged on the day of any statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 P.M., or by the chief judge at the time of closing of the polls as provided in G.S. 163-232 and G.S. 163-251(b). If an absentee ballot has been received after 5:00 P.M. on the day before the election but before the deadline for accepting absentee ballots provided in G.S. 163-234(1) of 5:00 P.M. on the day of the election, the deadline for challenging that ballot shall be 5:00 P.M. on the day after the election."
SECTION 1.(d) G.S. 163-232 reads as rewritten:
"§ 163-232. Certified list of executed absentee ballots; distribution of list.
(a) Certified List. - The county board of elections shall prepare, or cause to be prepared, a list in at least quadruplicate, of all absentee ballots returned to the county board of elections to be counted, which have been approved by the county board of elections, and which have been received as of 5:00 p.m. on the day before the election. 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 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 and which have been returned no later than 5:00 p.m. on the day before the election. I certify that the chairman, member, officer, or employee of the board of elections has not delivered ballots for absentee voting to any person other than the voter, by mail or by commercial courier service or in person, except as provided by law, and have not mailed or delivered ballots when the request for the ballot was received after the deadline provided by law.
This the ______ day of ______, ______
____________________
(Signature of chairman of
county board of elections)
Sworn to and subscribed before me this ____________ day of ______, _____.
Witness my hand and official seal.
________________
(Signature of officer
administering oath)
________________
(Title of officer)"
No later than 10:00 a.m. on election day, the county board of elections shall cause one copy of the list of executed 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 board shall retain one copy in the board office for public inspection and the board shall cause two copies of the appropriate precinct list to be delivered to the chief judge of each precinct in the county. The county board of elections shall be authorized to call upon the sheriff of the county to distribute the list to the precincts. In addition the county board of elections shall, upon request, provide a copy of the complete list to the chairman of each political party, recognized under the provisions of G.S. 163-96, represented in the county.
The chief judge shall post one copy of the list immediately in a conspicuous location 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 to absentee ballots 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, or a similar entry on the computer list used at
the polls. The computer lists used at the polls shall be generated by
the county board of elections and shall indicate all persons who have voted
absentee. 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 county board of elections for resolution by the board of elections prior to
certification of results by the board.
(b) Supplemental Lists. - Where feasible, the county board of elections shall provide to the precinct officials a supplemental list of voters whose absentee applications and ballots have been received after 5:00 P.M. on the day before the election, but before the deadline provided in G.S. 163-234(1) for acceptance of absentee ballots at 5:00 P.M. on election day. In any event, the county board of elections shall make public a supplemental list of all absentee voters whose absentee ballots were received after 5:00 P.M. on the day before the election but before 5:00 P.M. on election day. The State Board of Elections shall provide the supplemental list and instructions on how to make the supplemental list public, and the county board of elections shall make the list public as soon as practicable.
(c) Retention of Lists. - All lists required by this section shall be retained by the county board of elections for a period of 22 months after which they may then be destroyed."
SECTION 1.(e) This section becomes effective January 1, 2008.
SECTION 2.(a) G.S. 163-278.32 reads as rewritten:
"§ 163-278.32. Statements under oath.
Any statement required to be filed under this Article shall
be signed and certified as true and correct by the individual, media,
candidate, treasurer or others required to file it, and shall be certified as
true and correct to the best of the knowledge of the individual, media,
candidate, treasurer or others filing the statement; provided further that the
candidate shall certify as true and correct to the best of his knowledge the
organizational report and appointment of treasurer filed for the candidate or
the candidate's principal campaign committee. Any A certification
under this Article shall be treated as under oath, and any person making a
certification under this Article knowing the information to be untrue may be
prosecuted for perjury under G.S. 14-209. is guilty of a Class F
felony."
SECTION 2.(b) G.S. 163-278.27 is amended by adding a new subsection to read:
"(a1) A violation of G.S. 278.32 by making a certification knowing the information to be untrue is a Class F felony."
SECTION 3.(a) G.S. 163-278.34(a) reads as rewritten:
"(a) Civil Penalties for Late Filing. - Except as provided in G.S. 163-278.9 and G.S. 163-278.9A, all reports, statements or other documents required by this Article to be filed with the Board shall be filed either by manual delivery to or by mail addressed to the Board. Timely filing shall be complete if postmarked on the day the reports, statements or other documents are to be delivered to the Board. If a report, statement or other document is not filed within the time required by this Article, then the individual, person, media, candidate, political committee, referendum committee or treasurer responsible for filing shall pay to the State Board of Elections election enforcement costs and a civil late penalty as follows:
(1) Two hundred fifty dollars ($250.00) per day for each day the filing is late for a report that affects statewide elections, not to exceed a total of ten thousand dollars ($10,000); and
(2) Fifty dollars ($50.00) per day for each day the filing is late for a report that affects only nonstatewide elections, not to exceed a total of five hundred dollars ($500.00).
If the form is filed by mail, no civil late penalty shall be assessed for any day after the date of postmark. No civil late penalty shall be assessed for any day when the Board office at which the report is due is closed. The State Board shall immediately notify, or cause to be notified, late filers, from which reports are apparently due, by mail, of the penalties under this section. The State Board of Elections may waive a late penalty if it determines there is good cause for the waiver.
If the Board determines by clear and convincing evidence that the late filing constitutes a willful attempt to conceal contributions or expenditures, the Board may assess a civil penalty in an amount to be determined by that Board, plus the costs of investigation, assessment, and collection. The civil penalty shall not exceed three times the amount of the contributions and expenditures willfully attempted to be concealed."
SECTION 3.(b) This section is effective when this act becomes law and applies to all offenses committed on or after that date.
SECTION 4. G.S. 163-278.6(14) reads as rewritten:
"(14) The term "political committee" means a combination of two or more individuals, such as any person, committee, association, organization, or other entity that makes, or accepts anything of value to make, contributions or expenditures and has one or more of the following characteristics:
a. Is controlled by a candidate;
b. Is a political party or executive committee of a political party or is controlled by a political party or executive committee of a political party;
c. Is created by a corporation, business entity, insurance company, labor union, or professional association pursuant to G.S. 163-278.19(b); or
d. Has as a major purpose to support or oppose the nomination or election of one or more clearly identified candidates.
Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party.
An entity is rebuttably presumed
to have as a major purpose to support or oppose the nomination or election of
one or more clearly identified candidates if it contributes or expends or both
contributes and expends during an election cycle more than three thousand
dollars ($3,000). The presumption may be rebutted by showing that the
contributions and expenditures giving rise to the presumption were not a major
part of activities of the organization during the election cycle. Contributions
to referendum committees and expenditures to support or oppose ballot issues
shall not be facts considered to give rise to the presumption or otherwise be
used in determining whether an entity is a political committee.
If the entity qualifies as a "political committee" under sub-subdivision a., b., c., or d. of this subdivision, it continues to be a political committee if it receives contributions or makes expenditures or maintains assets or liabilities. A political committee ceases to exist when it winds up its operations, disposes of its assets, and files its final report.
Special definitions of "political action committee" and "candidate campaign committee" that apply only in Part 1A of this Article are set forth in G.S. 163-278.38Z."
SECTION 5. G.S. 163-278.69(a) reads as rewritten:
"(a) Judicial Voter Guide.
- The Board shall publish a Judicial Voter Guide that explains the functions of
the appellate courts and the laws concerning the election of appellate judges,
the purpose and function of the Public Campaign Fund, and the laws concerning
voter registration. The Board shall distribute the Guide to as many voting-age
individuals in the State as practical, through a mailing to all residences or
other means it deems effective. The distribution shall occur no more than 1428
days nor fewer than seven days before the one-stop voting period provided in
G.S. 163-227.2 for the primary and no more than 1428 days
nor fewer than seven days before the one-stop voting period provided in
G.S. 163-227.2 for the general election."
SECTION 6. G.S. 163-33.1 reads as rewritten:
"§ 163-33.1. Power of chairman to administer oaths.
The chairman of the county board of elections is authorized
to administer to election officials specified in G.S. 163-80 Articles
4, 5, and 20 of this Chapter the required oath, and may also administer the
required oath to witnesses appearing before the county board at a duly called
public hearing."
SECTION 7.(a) G.S. 163-132.1B reads as rewritten:
"§ 163-132.1B. Participation in 2010 Census Redistricting Data Program of the United States Bureau of the Census.
(a) Purpose. - The State of North Carolina shall participate in the 2010 Census Redistricting Data Program, conducted pursuant to P.L. 94-171, of the United States Bureau of the Census, so that the State will receive 2010 Census data by voting precinct and be able to revise districts at all levels without splitting precincts and in compliance with the United States and North Carolina Constitutions and the Voting Rights Act of 1965, as amended.
(a1) Reporting of Voting Tabulation Districts. - The Executive Director of the State Board of Elections shall report to the Bureau of the Census as this State's voting tabulation districts the voting precincts as of January 1, 2009. The Executive Director shall make that report no later than January 1, 2010.
(a2) Reporting from Unchanged Voting Tabulation Districts. - After January 1, 2009, every county board of elections shall report all election returns by voting tabulation districts as required by G.S. 163-132.5G. No county board of elections may alter the voting tabulation districts reported to the Census Bureau by the Executive Director of the State Board of Elections. The county board of elections may change the boundaries of the county's precincts so that those precincts differ from the county's voting tabulation districts, but only to the extent permitted by G.S. 163-132.3.
(b) Additional Rules. - In addition to directives promulgated by the Executive Director of the State Board of Elections under G.S. 163-132.4, the Legislative Services Commission may promulgate rules to implement this section."
SECTION 7.(b) G.S. 163-132.3 reads as rewritten:
"§ 163-132.3. Alterations to approved precinct boundaries.
(a) No county board of
elections may change any precinct boundary except in one of the following
ways:
(1) By dividing
an existing precinct into one or more new precincts, without involving other
existing precincts. The lines on which the precincts are divided shall follow
census blocks established under the latest U.S. Census.
(2) By combining
one or more existing precincts into a new precinct. If one or more precincts
are combined into a single precinct, the new precinct shall not be divided
until at least four years after the effective date of the combination.
(3) By moving a
precinct boundary that does not follow a census block boundary established
under the latest U.S. Census so that that precinct boundary does follow such a
census block boundary.
unless the Executive Director of
the State Board of Elections determines that the county board has a current
capability of complying with G.S. 163-132.1B(a2) by reporting all election
returns by voting tabulation district as required by G.S. 163-132.5G. If
the Executive Director so determines, the county board may make any changes to
precinct boundaries, provided that All all proposed new
precincts shall consist solely of contiguous territory.
This section does not prohibit a county from continuing to
use precincts that were allowed under the Combined Reporting Unit provisions of
G.S. 163-132.1(c)(6).
The county boards of elections shall report precinct boundary
changes by filing with the Legislative Services Office on current official
census maps or on other maps or electronic databases approved by the Executive
Director the new boundaries of these precincts. to the Executive
Director in the manner the Executive Director directs. The Executive
Director may require a county board of elections to file a written description
of the boundaries of any precinct or part thereof. No newly created or
altered precinct boundary is effective until approved by the Executive Director
of the State Board as being in compliance with this section.
(b) The Executive
Director of the State Board of Elections and the Legislative Services Office
shall examine the maps of the proposed new or altered precincts and any
required written descriptions. After its examination of the maps and their
written descriptions, the Legislative Services Office shall submit to the
Executive Director of the State Board of Elections its opinion as to whether
all of the proposed precinct boundaries are in compliance with subsection (a)
of this section, with notations as to where those boundaries do not comply with
these standards. If the Executive Director of the State Board determines
that all precinct boundaries are in compliance with this section, the Executive
Director of the State Board shall approve the maps and written descriptions as
filed and these precincts shall be the official precincts.
(c) If the Executive Director of the State Board determines that the proposed precinct boundaries are not in compliance with subsection (a) of this section, the Executive Director shall not approve those precinct boundaries. The Executive Director shall notify the county board of elections of his disapproval specifying the reasons. The county board of elections may then resubmit new precinct maps and written descriptions to cure the reasons for their disapproval.
(d) Repealed by Session Laws 2004-127, s. 1(a), effective August 15, 2004, and applicable to precincts established or changed on or after that date.
(e) During the
period beginning October 1, 2002, and ending August 15, 2004, no county board
of elections may change any precinct boundary. However, a county that has a
precinct line that does not follow a 2000 Census Block Boundary may change that
precinct line to conform to the way that precinct is shown on the General
Assembly's redistricting database, provided the total population of the area
moved from one precinct to another is not greater than ten percent (10%) of the
total population of either precinct. A county board of elections proposing a
change to a precinct during this period shall submit that change to the
Legislative Services Office, which shall examine the proposed change and give
its opinion of its compliance with this subsection to the Executive Director of
the State Board of Elections. If the proposed change is in compliance with this
subsection, the Executive Director shall approve it."
SECTION 7.(c) G.S. 163-132.5G reads as rewritten:
"§ 163-132.5G.
Voting data maintained by precinct.voting tabulation district.
To the extent that it can do so without compromising the
secrecy of an individual's ballot, each county board of elections shall
maintain voting data by precinct voting tabulation district so
that precinct voting tabulation district returns for each item on
the ballot shall include the votes cast by residents of the precinct voting
tabulation district who voted by provisional ballot and by absentee ballot,
both mail and one-stop. one-stop, and who in any way voted outside
the voting tabulation district. The county board shall not be required to
report provisional and absentee voting data by precinct voting
tabulation district until 60 days after the election. The State Board of
Elections shall adopt rules for the enforcement of this section with the
goal that all voting data shall be reported by precinct by the 2006 election.section."
SECTION 7.(d) G.S. 163-165.7(a)(3) reads as rewritten:
"(3) That the voting system
must have the capacity to include in precinct voting tabulation
district returns the votes cast by voters outside of the voter's precinct
voting tabulation district as required by G.S. 163-132.5G."
SECTION 7.(e) G.S. 163-132.5F reads as rewritten:
"§ 163-132.5F.
U.S. Census data by precinct.voting tabulation district.
The State shall request the U.S. Census Bureau of
the Census for each decennial census to provide summaries of census data by
precinct voting tabulation district and shall participate in any
U.S. Bureau of the Census' program to effectuate this provision."
SECTION 7.(f) Subsections 8(b) through 8(e) of this section become effective January 1, 2009. The remainder of this section is effective when this act becomes law.
SECTION 8. Article 14A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-165.5B. Ballots may be combined.
Notwithstanding any other statute or local act, a county board of elections, with the approval of the State Board of Elections, may combine ballot items on the same official ballot."
SECTION 9.(a) G.S. 163-122(a)(2) reads as rewritten:
"(2) If the office is a
district office comprised of two or more counties, under the
jurisdiction of the State Board of Elections under G.S. 163-182.4(b), file
written petitions with the State Board of Elections supporting his that
voter's candidacy for a specified office. These petitions must be filed
with the State Board of Elections on or before 12:00 noon on the last Friday in
June preceding the general election and must be signed by qualified voters of
the district equal in number to four percent (4%) of the total number of
registered voters in the district as reflected by the voter registration
records of the State Board of Elections as of January 1 of the year in which
the general election is to be held. Each petition shall be presented to the
chairman of the board of elections of the county in which the signatures were
obtained. The chairman shall examine the names on the petition and the
procedure for certification and deadline for submission to the county board
shall be the same as specified in (1) above."
SECTION 9.(b) G.S. 163-123(c)(2) reads as rewritten:
"(2) If the office is a
district office comprising all or part of two or more counties, under
the jurisdiction of the State Board of Elections under G.S. 163-182.4(b), file
written petitions with the State Board of Elections supporting his that
applicant's candidacy for a specified office. These petitions must be filed
with the State Board of Elections on or before noon on the 90th day before the
general election and must be signed by 250 qualified voters. Before being filed
with the State Board of Elections, each petition shall be presented to the
board of elections of the county in which the signatures were obtained. A
petition presented to a county board of elections shall contain only names of
voters registered in that county who are eligible to vote for that office. The
chairman of the county board shall examine the names on the petition and the
procedure for certification shall be the same as specified in subdivision
(1)."
SECTION 10.(a) G.S. 163-165.1(e) reads as rewritten:
"(e) Voted ballots and paper and electronic records of individual voted ballots shall be treated as confidential, and no person other than elections officials performing their duties may have access to voted ballots or paper or electronic records of individual voted ballots except by court order or order of the appropriate board of elections as part of the resolution of an election protest or investigation of an alleged election irregularity or violation. Voted ballots and paper and electronic records of individual voted ballots shall not be disclosed to members of the public in such a way as to disclose how a particular voter voted, unless a court orders otherwise. Any person who has access to an official voted ballot or record and knowingly discloses in violation of this section how an individual has voted that ballot is guilty of a Class 1 misdemeanor."
SECTION 10.(b) G.S. 163-274 reads as rewritten:
"§ 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 section
subsection to be unlawful, shall be guilty of a Class 2 misdemeanor.
It shall be unlawful:
(1) For any person to fail, as an officer or as a judge or chief judge of a primary or election, or as a member of any board of elections, to prepare the books, ballots, and return blanks which it is his duty under the law to prepare, or to distribute the same as required by law, or to perform any other duty imposed upon him within the time and in the manner required by law;
(1a) For any member, director, or employee of a board of elections to alter a voter registration application or other voter registration record without either the written authorization of the applicant or voter or the written authorization of the State Board of Elections;
(2) For any person to continue or attempt to act as a judge or chief judge of a primary or election, or as a member of any board of elections, after having been legally removed from such position and after having been given notice of such removal;
(3) For any person to break up or by force or violence to stay or interfere with the holding of any primary or election, to interfere with the possession of any ballot box, election book, ballot, or return sheet by those entitled to possession of the same under the law, or to interfere in any manner with the performance of any duty imposed by law upon any election officer or member of any board of elections;
(4) For any person to be guilty of any boisterous conduct so as to disturb any member of any election board or any chief judge or judge of election in the performance of his duties as imposed by law;
(5) For any person to bet or wager any money or other thing of value on any election;
(5a) Repealed by Session Laws 1999-455, s. 21, applicable to elections held on or after January 1, 2000.
(6) For any person, directly or indirectly, to discharge or threaten to discharge from employment, or otherwise intimidate or oppose any legally qualified voter on account of any vote such voter may cast or consider or intend to cast, or not to cast, or which he may have failed to cast;
(7) For any person to publish in a newspaper or pamphlet or otherwise, any charge derogatory to any candidate or calculated to affect the candidate's chances of nomination or election, unless such publication be signed by the party giving publicity to and being responsible for such charge;
(8) For any person to publish or cause to be circulated derogatory reports with reference to any candidate in any primary or election, knowing such report to be false or in reckless disregard of its truth or falsity, when such report is calculated or intended to affect the chances of such candidate for nomination or election;
(9) For any person to give or promise, in return for political support or influence, any political appointment or support for political office;
(10) For any chairman of a county board of elections or other returning officer to fail or neglect, willfully or of malice, to perform any duty, act, matter or thing required or directed in the time, manner and form in which said duty, matter or thing is required to be performed in relation to any primary, general or special election and the returns thereof;
(11) For any clerk of the superior court to refuse to make and give to any person applying in writing for the same a duly certified copy of the returns of any primary or election or of a tabulated statement to a primary or election, the returns of which are by law deposited in his office, upon the tender of the fees therefor;
(12) For any person willfully and knowingly to impose upon any blind or illiterate voter a ballot in any primary or election contrary to the wish or desire of such voter, by falsely representing to such voter that the ballot proposed to him is such as he desires; or
(13) Except as authorized by G.S. 163-82.15, for any person to provide false information, or sign the name of any other person, to a written report under G.S. 163-82.15.
"(b) Class 1 Misdemeanor. - 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 1 misdemeanor. It shall be unlawful for any person who has access to an official voted ballot or record to knowingly disclose in violation of G.S. 163-165.1(e) how an individual has voted that ballot."
SECTION 10.(c) This section becomes effective December 1, 2007, and applies to any offense occurring on or after that date.
SECTION 11. G.S. 163-165.5(5) reads as rewritten:
"§ 163-165.5. Contents of official ballots.
Each official ballot shall contain all the following elements:
...
(5) A means by which the voter may cast write-in votes, as provided in G.S. 163-123. No space for write-ins is required unless a write-in candidate has qualified under G.S. 163-123 or unless the ballot item is exempt from G.S. 163-123.
..."
SECTION 12. G.S. 163-182.15(2) reads as rewritten:
"(2) The certificate shall
be issued 10 days on the tenth day after the final decision of
the State Board, unless the State Board has ordered a new election or the
issuance of the certificate is stayed by the Superior Court of Wake County
pursuant to G.S. 163-182.14."
SECTION 13. G.S. 163-182.12 reads as rewritten:
"§ 163-182.12. Authority of State Board of Elections over protests.
The State Board of Elections may consider protests that were
not filed in compliance with G.S. 163-182.9, may initiate and consider
complaints on its own motion, may intervene and take jurisdiction over protests
pending before a county board, and may take any other action necessary to
assure that an election is determined without taint of fraud or corruption and
without irregularities that may have changed the result of an election. Where a
known group of voters cast votes that were lost beyond retrieval, retrieval
or where a known group of voters was given an incorrect ballot style, the
State Board of Elections may authorize a county board of elections to allow
those voters to recast their ballots votes during a period of two
weeks after the election. canvass by the State Board of Elections
required in G.S. 163-182.5(c). If there is no State Board canvass after
the election, the State Board may authorize the county board to allow the
recasting of votes during the two weeks after the county canvass set in
G.S. 163-182.5(a). If the State Board approves a recasting of votes
under this section, any procedures the county board uses to contact those
voters and allow them to recast their votes shall be subject to approval by the
State Board. Those recast votes shall be added to the returns and included in
the canvass. The recasting of those votes shall not be deemed a new election
for purposes of G.S. 163-182.13."
SECTION 14. G.S. 163-166.4 is amended by adding a new subsection to read:
"(d) Buffer Zone at One-Stop Sites. - The provisions of this section shall apply to one-stop voting sites in G.S. 163-227.2, except that the notice in subsection (c) of this section shall be provided no later than 10 days before the opening of one-stop voting at the site."
SECTION 15.(a) Article 4A of Chapter 163 of the General Statutes reads as rewritten:
"Article 4A.
"Political Activities by Board of Elections Members.Members
and Employees.
"§ 163-38. Applicability of Article.
This Article applies to members and employees of the State Board of Elections and of each county and municipal board of elections. With regard to prohibitions in this Article concerning candidates, referenda, and committees, the prohibitions do not apply if the candidate or referendum will not be on the ballot in an area within the jurisdiction of the board, or if the political committee or referendum committee is not involved with an election or referendum that will be on the ballot in an area within the jurisdiction of the board.
"§ 163-39. Limitation on political activities.
No individual subject to this Article shall:
(1) Make written or oral statements intended for general distribution or dissemination to the public at large supporting or opposing the nomination or election of one or more clearly identified candidates for public office.
(2) Make written or oral statements intended for general distribution or dissemination to the public at large supporting or opposing the passage of one or more clearly identified referendum proposals.
(3) Solicit contributions for a candidate, political committee, or referendum committee.
Individual expressions of opinion, support, or opposition not intended for general public distribution shall not be deemed a violation of this Article. Nothing in this Article shall be deemed to prohibit participation in a political party convention as a delegate. Nothing in this Article shall be deemed to prohibit a board member or board employee from making a contribution to a candidate, political committee, or referendum committee.
"§ 163-40. Violation may be ground for removal.
A violation of this Article may be a ground to remove a State Board of Elections member under G.S. 143B-16, a county board of elections member under G.S. 163-22(c), or a municipal board of elections member under G.S. 163-280(i). A violation of this Article may be a ground for dismissal of an employee of the State Board of Elections or of a county board of elections. No criminal penalty shall be imposed for a violation of this Article.
"§ 163-40.1. Definitions.
The provisions of Article 22A of this Chapter apply to the definition and proof of terms used in this Article."
SECTION 15.(b) This section becomes effective January 1, 2008.
SECTION 16. G.S. 130A-50(a) reads as rewritten:
"(a) The Department shall
send a copy of the resolution creating the sanitary district to the county board
or boards of county commissioners of the county or counties in which all or
part of the district is located. The Department shall file or cause to be
filed with the county board or boards of elections in the same county or
counties a map of the district. With the map it shall include supporting
documents. That map and documents shall be filed within 10 business days after
the creation of the district and amended within 10 days after any change to the
boundaries of the district. The board or boards of commissioners shall hold
a meeting or joint meeting for the purpose of electing the members of the
sanitary district board."
SECTION 17.(a) G.S. 163-82.6(a) reads as rewritten:
"(a) How the Form May Be Submitted. - The county board of elections shall accept any form described in G.S. 163-82.3 if the applicant submits the form by mail, facsimile transmission, transmission of a scanned document, or in person. The applicant may delegate the submission of the form to another person. Any person who communicates to an applicant acceptance of that delegation shall deliver that form so that it is received by the appropriate county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (c) of this section for the next election.
(a1) Misdemeanors. - It shall be a Class 2 misdemeanor for any person to do any of the following:
(1) to To
communicate to the applicant acceptance of that the delegation
described in subsection (a) of this section and then fail to make a good
faith effort to deliver the form so that it is received by the county board of
elections in time to satisfy the registration deadline in subdivision (1) or
(2) of subsection (c) of this section for the next election. It shall be an
affirmative defense to a charge of failing to make a good faith effort to
deliver a delegated form by the registration deadline that the delegatee
informed the applicant that the form would not likely be delivered in time for
the applicant to vote in the next election.
(2) It shall be
a Class 2 misdemeanor for any person to To sell or attempt to sell a
completed voter registration form or to condition its delivery upon payment.
(3) To change a person's information on a voter registration form prior to its delivery to a county board of elections.
(4) To coerce a person into marking a party affiliation other than the party affiliation the person desires.
(5) To offer a person a voter registration form that has a party affiliation premarked unless the person receiving the form has requested the premarking."
SECTION 17.(b) G.S. 163-274 is amended by adding a new subdivision to read:
"(14) For any person to commit any of the voter registration violations set forth in G.S. 163-82.6(a1)."
SECTION 17.(c) This section becomes effective December 1, 2007, and applies to any offense committed on or after that date.
SECTION 18.(a) G.S. 163-275 is amended by adding a new subdivision to read:
"(18) For any person, knowing that a person is not a citizen of the United States, to instruct or coerce that person to register to vote or to vote."
SECTION 18.(b) This section becomes effective December 1, 2007, and applies to any offense committed on or after that date.
SECTION 19. G.S. 163-82.14(c)(1) reads as rewritten:
"(1) Report of Conviction
Within the State. - The clerk of superior court, State Board of
Elections, on or before the fifteenth day of every month, shall report to
the county board of elections of that county the name, county of residence, and
residence address if available, of each individual against whom a final
judgment of conviction of a felony has been entered in that county in the preceding
calendar month. Any county board of elections receiving such a report about
an individual who is a resident of another county in this State shall forward a
copy of that report to the board of elections of that county as soon as
possible."
SECTION 20. 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. 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. Electronically captured images of the signatures of
voters, full 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, and drivers license numbers that may be generated in
the voter registration process, by either the State Board of Elections or a
county board of elections, 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 drivers license numbers
or dates of birth 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 drivers license numbers or dates of birth 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. The county board of elections
shall maintain custody of any paper hard copy registration records of voters in
the county and shall keep them in a place where they are secure."
SECTION 21. G.S. 163-82.4(e) reads as rewritten:
"(e) Correcting
Registration Forms. - If the voter fails to answer the question set out in
subdivision (1) of subsection (d) of this section, complete any required
item on the voter registration form but provides enough information on the form
to enable the county board of elections to identify and contact the voter, the
voter shall be notified of the omission and given the opportunity to complete
the form at any time before casting a vote in the election on election day. at
least by 5:00 P.M. on the day before the county canvass as set in G.S. 163-182.5(b).
If the voter corrects that omission within that time, the voter may vote
in the election.time and is determined by the county board of elections
to be eligible to vote, the board shall permit the voter to vote. If the
information is not corrected by election day, the voter shall be allowed to
vote a provisional official ballot. If the correct information is provided to
the county board of elections by at least 5:00 P.M. on the day before the
county canvass, the board shall count any portion of the provisional official
ballot that the voter is eligible to vote."
SECTION 22. G.S. 163-166.12 reads as rewritten:
"§ 163-166.12. Requirements for certain voters who register by mail.
(a) Voting in Person. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, shall present to a local election official at a voting place before voting there one of the following:
(1) A current and valid photo identification.
(2) A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(b) Voting Mail-In Absentee. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, in order to cast a mail-in absentee vote, shall submit with the mailed-in absentee ballot one of the following:
(1) A copy of a current and valid photo identification.
(2) A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(b1) The county board of elections shall note the type of identification proof submitted by the voter under the provisions of subsection (a) or (b) of this section and may dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records.
(b2) Voting When Identification Numbers Do Not Match. - If an individual has registered and provided 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 required 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 unless the board of elections determines that an individual is otherwise ineligible to vote a ballot, the failure of identification numbers to match shall not prevent an individual from registering to vote or a vote from being counted.
(c) The Right to Vote
Provisionally. - If an individual is required under subsection (a) or (b) (a),
(b), or (b2) of this section to present identification in order to vote,
but that individual does not present the required identification, that
individual may vote a provisional official ballot. If the voter is at the
voting place, the voter may vote provisionally there without unnecessary delay.
If the voter is voting by mail-in absentee ballot, the mailed ballot without
the required identification shall be treated as a provisional official ballot.
(d) Exemptions. - This section does not apply to any of the following:
(1) An individual who registers by mail and submits as part of the registration application either of the following:
a. A copy of a current and valid photo identification.
b. A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(2) An individual who registers by mail and submits as part of the registration application the individual's drivers license number or at least the last four digits of the individual's social security number where an election official matches either or both of the numbers submitted with an existing State identification record bearing the same number, name, and date of birth contained in the submitted registration. If any individual's number does not match, the individual shall provide identification as required in subsection (b2) of this section in the first election in which the individual votes.
(3) An individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act.
(4) An individual who is entitled to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act.
(5) An individual who is entitled to vote otherwise than in person under any other federal law."
SECTION 23. G.S. 163-45 reads as rewritten:
"§ 163-45. Observers; appointment.
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.
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.
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. 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."
SECTION 24. G.S. 163-166.3 reads as rewritten:
"§ 163-166.3. Limited access to the voting enclosure.
(a) Persons Who May Enter Voting Enclosure. - During the time allowed for voting in the voting place, only the following persons may enter the voting enclosure:
(1) An election official.
(2) An observer appointed pursuant to G.S. 163-45.
(2a) A runner appointed pursuant to G.S. 163-45, but only to the extent necessary to announce that runner's presence and to receive the voter list as provided in G.S. 163-45.
(3) A person seeking to vote in that voting place on that day but only while in the process of voting or seeking to vote.
(4) A voter in that precinct while entering or explaining a challenge pursuant to G.S. 163-87 or G.S. 163-88.
(5) A person authorized under G.S. 163-166.8 to assist a voter but, except as provided in subdivision (6) of this section, only while assisting that voter.
(6) Minor children of the voter under the age of 18, or minor children under the age of 18 in the care of the voter, but only while accompanying the voter and while under the control of the voter.
(7) Persons conducting or participating in a simulated election within the voting place or voting enclosure, if that simulated election is approved by the county board of elections.
(8) Any other person determined by election officials to have an urgent need to enter the voting enclosure but only to the extent necessary to address that need.
(b) Photographing Voters Prohibited. - No person shall photograph, videotape, or otherwise record the image of any voter within the voting enclosure or entering or leaving the voting enclosure, except with the permission of both the voter and the chief judge of the precinct. If the voter is a candidate, the permission of the voter is all that is necessary, not also that of the chief judge. This subsection shall also apply to one-stop sites under G.S. 163-227.2."
SECTION 25. G.S. 163-165.3 reads as rewritten:
"§ 163-165.3. Responsibilities for preparing official ballots.
(a) State Board to Certify
Official Ballots and Instructions to Voters. Responsibilities. - The
State Board of Elections shall certify the official ballots and voter
instructions to be used in every election that is subject to this Article. In
conducting its certification, the State Board shall adhere to the following:
(1) No later than January 31 of every calendar year, the State Board shall establish a schedule for the certification of all official ballots and instructions during that year. The schedule shall include a time for county boards of elections to submit their official ballots and instructions to the State Board for certification and times for the State Board to complete the certification.
(2) The State Board of Elections shall compose model ballot instructions, which county boards of elections may amend subject to approval by the State Board as part of the certification process. The State Board of Elections may permit a county board of elections to place instructions elsewhere than on the official ballot itself, where placing them on the official ballot would be impractical.
(3) With regard only to multicounty ballot items on the official ballot, the State Board shall certify the accuracy of the content on the official ballot.
(4) With regard to the entire official ballot, the State Board shall certify that the content and arrangement of the official ballot are in substantial compliance with the provisions of this Article and standards adopted by the State Board.
(5) The State Board shall proofread the official ballot of every county, if practical, prior to final production.
(6) The State Board is not required to certify or review every official ballot style in the county but may require county boards to submit and may review a composite official ballot showing races that will appear in every district in the county.
The State Board shall be responsible for all ballot coding and shall contract with a qualified vendor or supervise trained election staff to produce the data necessary for equipment programming.
(b) County Board to
Prepare and Produce Official Ballots and Instructions. Responsibilities.
- Each county board of elections shall prepare and produce official ballots
for all elections in that county. The county board of elections shall submit
the format of each official ballot and set of instructions to the State Board
of Elections for review and certification in accordance with the schedule
established by the State Board. The county board of elections shall follow the
directions of the State Board in placing candidates, referenda, and other
material on official ballots and in placing instructions.
(c) Late Changes in Ballots. - The State Board shall promulgate rules for late changes in ballots. The rules shall provide for the reprinting, where practical, of official ballots as a result of replacement candidates to fill vacancies in accordance with G.S. 163-114 or other late changes. If an official ballot is not reprinted, a vote for a candidate who has been replaced in accordance with G.S. 163-114 will count for the replacement candidate.
(d) Special Ballots. - The State Board of Elections, with the approval of a county board of elections, may produce special official ballots, such as those for disabled voters, where production by the State Board would be more practical than production by the county board."
SECTION 26. G.S. 163-165.9 reads as rewritten:
"§ 163-165.9. Voting systems: powers and duties of county board of elections.
(a) Before approving the adoption and acquisition of any voting system by the board of county commissioners, the county board of elections shall do all of the following:
(1) Recommend to the board of county commissioners which type of voting system should be acquired by the county.
(2) Witness a demonstration, in that county or at a site designated by the State Board of Elections, of the type of voting system to be recommended and also witness a demonstration of at least one other type of voting system certified by the State Board of Elections.
(3) Test, during an election, the proposed voting system in at least one precinct in the county where the voting system would be used if adopted.
(b) After the acquisition of any voting system, the county board of elections shall comply with any requirements of the State Board of Elections regarding training and support of the voting system. The county board of elections shall comply with all specifications of its voting system vendor for ballot printers. The county board of elections shall maintain software license and maintenance agreements necessary to maintain the warranty of its voting system."
SECTION 27. Except as otherwise provided in this act, this act is effective when it becomes law.