GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	3 

HOUSE BILL 1408
Committee Substitute Favorable 6/18/92
Committee Substitute #2 Favorable 7/21/92

Short Title:  Voter Participation.	(Public)
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Sponsors:
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Referred to:  
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June 1, 1992

A BILL TO BE ENTITLED
AN ACT TO IMPROVE VOTER PARTICIPATION.
The General Assembly of North Carolina enacts:
Part 1 – THREE-WEEK REGISTRATION DEADLINE
Section 1.  G.S. 163-67 reads as rewritten:
"(a)	The county boards of elections shall establish, prior to January 1, 1971, a full-time system of registration, as prescribed by the State Board of Elections, under which the registration books, process, and records shall be open continuously for the acceptance of registration applications and for the registration of voters at all reasonable hours and time consistent with the daily function of all other county offices.  In such counties no registration shall entitle a registrant to vote in any primary, general or special election unless the registrant shall have made application not later than the sixteenth day, excluding Saturdays and Sundays, immediately preceding such primary, general or special election, provided that nothing shall prohibit registrants from registering to vote in future elections during such period.
When full-time registration has been established in a county, the official record of registration shall be made and kept in the form of an application to register which, as prescribed by the State Board of Elections, shall contain all information necessary to show the applicant's qualifications to register.  In such a county, no person shall be registered to vote without first making a written, sworn, and signed application to register upon the form prescribed by the State Board of Elections.  If the applicant cannot write because of physical disability, his name shall be written on the application for him by the election official to whom he makes application, but the specific reason for the applicant's failure to sign shall be clearly stated upon the face of the application.
Registrars, judges of election, and special registration commissioners appointed under the provisions of G.S. 163-41 may take registration applications from and administer registration oaths to qualified applicants without regard to the precinct residence of the registrar, judge of election, special registration commissioner, or applicant.
Applications to register which have been completed by persons who have taken the required oath shall be forwarded promptly, and in no case more than 72 hours after the close of registration, to the county board of elections. Failure to forward the application within 72 hours shall not disqualify an otherwise properly qualified voter from voting. An application to register shall constitute a valid registration unless the county board of elections shall notify the applicant of its rejection within 30 days after its completion; provided that where the application is completed during the last 51 days prior to the election but at least 16 days, excluding Saturdays and Sundays, prior to the election, the notification of rejection shall be made no less than seven days prior to the election or the application shall constitute a valid registration.  If the application is rejected after the close of the registration books as provided in G.S. 163-67(a)	the board shall notify the applicant at least seven days before the election that it has rejected his application.  The applicant may appear before the board and, if he establishes his qualifications to register prior to the election, he shall be permitted to vote.  The loose-leaf binders containing the precinct records and the duplicate registration record, required by G.S. 163-65(a), shall be kept at all times in a safe place.
For the purpose of receiving registration applications, registrars shall attend the voting places in their precincts only on such days and at such hours as may be fixed by the county board of elections: Provided, the county board of elections shall not require registrars to be present at the voting places for this purpose on any day later than the sixteenth day, excluding Saturdays and Sundays, prior to a primary or election.  In its discretion, the county board of elections may require no attendance by registrars at the voting places for the purpose of receiving registration applications.
The county board of elections is authorized to make reasonable rules and regulations, not inconsistent with law and State Board regulations, to insure full-time registration as provided in this section."
Sec. 2.  G.S. 163-69.1(b) reads as rewritten:
"(b)	A voter whose name has been changed shall report such change of name to an official authorized to register voters under G.S. 163-80 no later than the last day for making application to register under G.S. 163-67 prior to an election, primary, or special election in order to vote in said election if the name change occurred on or before that date.  Alternatively, the voter may report such change to the registrar at the polls, and, if otherwise eligible, may vote.  A voter wishing to vote by absentee ballot may report the name change to the county board of elections, by mail or in person, along with that voter's application for absentee ballot; and if otherwise eligible, may vote.
Any report made under this section shall be made under oath, and on a form prescribed by the county board of elections.  A name-change form shall be included in any mailing to a voter of an absentee ballot application form."
Sec. 3.  G.S. 163-72.2(e) reads as rewritten:
"(e)	No report filed under this section shall be effective for a primary or election unless received by the board of elections on or before the last day for making application to register under G.S. 163-67 before the primary or election, except that if the report is submitted before the deadline but more information is requested, such report shall be effective for the primary or election if sufficient information is received more than seven days before the primary or election."
Sec. 4.  G.S. 163-74(b) reads as rewritten:
"(b)	Change of Party Affiliation or Unaffiliated Status. – No registered elector shall be permitted to change the record of his party affiliation or unaffiliated status for a primary, second primary or special or general election after the close of the registration books immediately prior to any such election.  Any registrant who desires to have the record of his party affiliation or unaffiliated status changed on the registration book shall, no later than the last day for making application to register under G.S. 163-67 before the election go to the chairman or the supervisor of elections of the county board of elections or to other registration officials specified in G.S. 163-80 and request that the change be made.  Before being permitted to have the change made, the chairman, supervisor of elections or other registration official shall require the registrant to take the following oath, and it shall be the duty of the elections officer to administer it:
(1)	If the voter desires to change from one political party to another, or from unaffiliated to a political party:
		I, ............., do solemnly swear (or affirm) that I desire in good faith to change my party affiliation from the ............. Party (or from unaffiliated status) to the ............. Party, and that such change of affiliation be made on the registration records in the manner provided by law, so help me, God.
(2)	If the voter desires to change his affiliation with any political party to unaffiliated status:
		I, ............., do solemnly swear (or affirm) that I desire in good faith to change my party affiliation with the ........... Party to unaffiliated and that such change of affiliation be made on the registration records in the manner provided by law, so help me, God.
Upon receipt of the required oath, the county board of elections shall immediately change the record of the registrant's party affiliation, or unaffiliated status, to conform to that stated in the oath.  Thereafter the voter shall be considered registered and qualified to vote in accordance with the effected change.
	Provided, in the event that a registrant has the record of his party affiliation or unaffiliated status changed later than the last day for making application to register under G.S. 163-67 before a primary, the registrant shall not be entitled to vote in that primary."
Sec. 5.  G.S. 163-59 reads as rewritten:
"§ 163-59.  Right to participate or vote in party primary.
No person shall be entitled to vote or otherwise participate in the primary election of any political party unless he
(1)	Is a registered voter, and
(2)	Has declared and has had recorded on the registration book or record the fact that he affiliates with the political party in whose primary he proposes to vote or participate, and
(3)	Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163-74(a1)	may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age or residence to register and vote in the general election or regular municipal election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general or regular municipal election prior to the primary and then to vote in the primary after being registered.  Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-67 prior to the primary.  In addition, persons who will become qualified by age to register and vote in the general election or regular municipal election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections."
Sec. 6.  G.S. 163-213.2 reads as rewritten:
"§ 163-213.2.  Primary to be held; date; qualifications and registration of voters.
On the Tuesday after the first Monday in May, 1992, and every four years thereafter, the voters of this State shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party.
Any person otherwise qualified who will become qualified by age to vote in the general election held in the same year of the presidential preference primary shall be entitled to register and vote in the presidential preference primary.  Such persons may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-67 prior to the said primary.  In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections."
Sec. 7.  G.S. 163-288(c)(3) reads as rewritten:
"(3)	METHOD C. – The county board of elections shall permit the municipal board of elections to copy county registration books from the precinct binder record or from the duplicate required to be maintained by said county board of elections. During the period beginning on the last day for making application to register under G.S. 163-67, the municipal board of elections shall compare the municipal registration books with the appropriate county books and shall add or delete registration certificates in order that the city and county records shall agree.  The precincts established for municipal elections may differ from those established by the county board of elections."
Sec. 8.  G.S. 163-283 reads as rewritten:
"§ 163-283.  Right to participate or vote in party primary.
No person shall be entitled to vote or otherwise participate in the primary election of any political party unless he
(1)	Is a registered voter, and
(2)	Has declared and has had recorded on the registration book or record the fact that he affiliates with the political party in whose primary he proposes to vote or participate, and
(3)	Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163-74(a1)	may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age or residence to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary election, shall be entitled to register while the registration books are open during the regular registration period prior to the primary and then to vote in the primary after being registered, provided however, under full-time and permanent registration, such an individual may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-67 prior to the primary.  In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections."
Sec. 9.  G.S. 163-288.2(a) reads as rewritten:
"§ 163-288.2.  Registration in area proposed for incorporation or annexed.
(a)	Whenever the General Assembly incorporates a new city and provides in the act of incorporation for a referendum on the question of incorporation or for a special election for town officials or for both, or whenever an existing city or special district annexes new territory under the provisions of Chapter 160A, Article 4A, or other general or local law, the board of elections of the county in which the proposed city is located or in which the newly annexed territory is located shall determine those individuals eligible to vote in the referendum or special election or in the city or special district elections.  In determining the eligible voters the board may, in its discretion, use either of the following methods:
METHOD A. – The board of elections shall prepare a list of those registered voters residing within the proposed city or newly annexed territory.  The board shall make this list available for public inspection in its office for a two-week period ending on the last day for making application to register under G.S. 163-67 before the day of the referendum or special election, or the next scheduled city or special district election.  During this period, any voter resident within the proposed city or newly annexed territory and not included on the list may cause his name to be added to the list.  At least one week and no more than two weeks before the day the period of public inspection is to begin, the board shall cause notice of the list's availability to be posted in at least two prominent places within the proposed city or newly annexed territory and may cause the notice to be published in a newspaper of general circulation within the county.  The notice shall state that the list has been prepared, that only those persons listed may vote in the referendum or special election, that the list will be available for public inspection in the board's office, that any qualified voter not included on the list may cause his name to be added to the list during the two-week period of public inspection, and that persons in newly annexed territory should present themselves so their registration records may be activated for voting in city or special district elections in the newly annexed territory.  Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice.
METHOD B. – The board of elections shall conduct a special registration of eligible persons desiring to vote in the referendum or special election or in the newly annexed territory.  The registration records shall be open for a two-week period (except Sundays) ending on the last day for making application to register under G.S. 163-67 before the day of the referendum or special election or the next scheduled city or special district election.  On the two Saturdays during that two-week period, the records shall be located at the voting place for the referendum or special election or the next scheduled city or special district election; on the other days it may, in the discretion of the board, be kept at the voting place, at the office of the board, or at the place of business of a person designated by the board to conduct the special registration.  At least one week and no more than two weeks before the day the period of special registration is to begin, the board shall cause notice of the registration to be posted in at least two prominent places within the proposed city or newly annexed territory and may cause the notice to be published in a newspaper of general circulation within the county.  The notice shall state the purpose and times of the special registration, the location of the registration records, that only those persons registered in the special registration may vote in the referendum or special election, and that persons in newly annexed territory should present themselves so their registration records may be activated for voting in city or special district elections in the newly annexed territory.  Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice."
Part 2 – SATELLITE VOTING PRECINCTS
Sec. 10.  Article 12 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-130.  Satellite voting places.
A county board of elections may, upon approval of a request submitted in writing to the State Board of Elections, establish a plan whereby elderly or disabled voters in a precinct may vote at designated sites within the precinct other than the regular voting place for that precinct. The State Board of Elections shall approve a county board's proposed plan if:
(1)	All the satellite voting places to be used are listed in the county's written request;
(2)	The plan will in the State Board's judgment overcome a barrier to voting by the elderly or disabled;
(3)	Adequate security against fraud is provided for; and
(4)	The plan does not unfairly favor or disfavor voters with regard to race or party affiliation."
Sec. 11.  Sections 1 through 9 of this act become effective with respect to elections occurring on or after July 1, 1993.  Section 10 of this act becomes effective January 31, 1993.