GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1128

Short Title:  Deputy Elections Supervisors.	(Public)
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Sponsors: Representatives Weatherly; Balmer, J. Brown, Cole, Colton, Culp, Dickson, Hayes, Holmes, Howard, Justus, and Nichols.
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Referred to:  Judiciary I.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THAT A DEPUTY SUPERVISOR OF ELECTIONS FOR A COUNTY MAY REGISTER VOTERS IN THAT COUNTY REGARDLESS OF WHETHER THE DEPUTY SUPERVISOR RESIDES IN THAT COUNTY, AND TO CHANGE THE REQUIREMENT OF THE ELECTION LAWS CONCERNING VOTING BOOTHS. 
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-80(a) reads as rewritten:
	"(a)	Only the following election officials shall be authorized to register voters:
(1)	Any member of a county board of elections who has been duly appointed pursuant to G.S. 163-22(c) and properly installed as required by G.S. 163-30 and 163-31.
(2)	The supervisor of elections of a county board of elections appointed pursuant to the provisions of G.S. 163-35.
(3)	Precinct registrars and judges of election appointed pursuant to the provisions of G.S. 163-41.
(4)	Special registration commissioners appointed pursuant to the authority and limitation contained in G.S. 163-41(b).
(5)	Full-time and salaried deputy supervisors of elections employed by the county board of elections and who work under the direct supervision of the board's supervisor of elections appointed pursuant to the provisions contained in G.S. 163-35. To accept applications to register in a county under this subdivision, a deputy supervisor of elections need not reside in that county.
(6)	Local public library employees designated by the governing board of such public library to be appointed by the county board of elections as special library registration deputies. Appointment of such deputies is mandatory for libraries covered by G.S. 153A-272; appointment is optional for other libraries. Persons appointed under this subsection shall be given the oath contained in G.S. 163-41(b), and shall be authorized to accept applications to register on those days and during those hours said special deputies are on duty with their respective libraries. If, for good and valid reasons, the local public library director shall request that the county board of elections appoint 'replacement' special library registration deputies before the two-year term ends, the county board of elections shall do so. To serve as a special library registration deputy and accept applications to register in a county under this subdivision, a library employee need not reside in that county.
(7)	Public high school employees appointed under this subdivision. A local board of education may, but is not required to, designate high school employees to be appointed by the county board of elections as special high school registration commissioners. Only employees who volunteer for this duty, and who are acceptable to the county board of elections, may be designated by boards of education. A special high school registration commissioner may register voters only while on duty as a high school employee and only at times and under arrangements approved by the local school board of education. A person appointed under this subdivision shall take the oath prescribed in G.S. 163-41(b). To serve as a special high school registration commissioner and accept applications to register in a county under this subdivision, a high school employee need not reside in that county."
Sec. 2.  G.S. 163-145 reads as rewritten:
"§ 163-145. Voting stations.
The county board of elections shall furnish each voting place with 
the number and type of voting stations specified by the State Board of Elections in rules promulgated pursuant to the provisions of G.S. 163-22."
Sec. 3.  G.S. 163-33(7) reads as rewritten:
"(7)	To provide for the purchase, preservation, and maintenance of voting stations, ballot boxes, registration and pollbooks, maps, flags, cards of instruction, and other forms, papers, and equipment used in registration, nominations, and elections; and to cause the voting places to be suitably provided with voting stations and other supplies required by law."
Sec. 4.  G.S. 163-41(a) reads as rewritten:
"(a)	Appointment of Registrar and Judges. – At the meeting required by G.S. 163-31 to be held on the Tuesday following the third Monday in August of the year in which they are appointed, the county board of elections shall appoint one person to act as registrar and two other persons to act as judges of election for each precinct in the county. Their terms of office shall continue for two years from the specified date of appointment and until their successors are appointed and qualified. It shall be their duty to conduct the primaries and elections within their respective precincts. Persons appointed to these offices must be registered voters and residents of the precinct for which appointed, of good repute, and able to read and write. Not more than one judge in each precinct shall belong to the same political party as the registrar.
The term 'precinct official' shall mean registrars and judges appointed pursuant to this section, and all assistants appointed pursuant to G.S. 163-42, unless the context of a statute clearly indicates a more restrictive meaning.
No person shall be eligible to serve as a precinct official, as that term is defined above, who holds any elective office under the government of the United States, or of the State of North Carolina or any political subdivision thereof.
No person shall be eligible to serve as a precinct official who is a candidate for nomination or election.
No person shall be eligible to serve as a precinct official who holds any office in a state, congressional district, county, or precinct political party or political organization, or who is a manager or treasurer for any candidate or political party, provided however that the position of delegate to a political party convention shall not be considered an office for the purpose of this subsection.
The chairman of each political party in the county where possible shall recommend two registered voters in each precinct who are otherwise qualified, are residents of the precinct, have good moral character, and are able to read and write, for appointment as registrar in the precinct, and he shall also recommend where possible the same number of similarly qualified voters for appointment as judges of election in that precinct. If such recommendations are received by the county board of elections no later than the fifth day preceding the date on which appointments are to be made, it must make precinct appointments from the names of those recommended. Provided that if only one name is submitted by the fifth day preceding the date on which appointments are to be made, by a party for judge of election by the chairman of one of the two political parties in the county having the greatest numbers of registered voters in the State, the county board of elections must appoint that person.
If, at any time other than on the day of a primary or election, a registrar or judge of election shall be removed from office, or shall die or resign, or if for any other cause there be a vacancy in a precinct election office, the chairman of the county board of elections shall appoint another in his place, promptly notifying him of his appointment.  If at all possible, the chairman of the county board of elections shall consult with the county chairman of the political party of the vacating official, and if the chairman of the county political party nominates a qualified voter of that precinct to fill the vacancy, the chairman of the county board of elections shall appoint that person. In filling such a vacancy, the chairman shall appoint a person who belongs to the same political party as that to which the vacating member belonged when appointed.  If the chairman of the county board of elections did not appoint a person upon recommendation of the chairman of the party to fill such a vacancy, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter, and any successor must be a person nominated by the chairman of the party of the vacating officer.
If any person appointed registrar shall fail to be present at the voting place at the hour of opening the polls on primary or election day, or if a vacancy in that office shall occur on primary or election day for any reason whatever, the precinct judges of election shall appoint another to act as registrar until such time as the chairman of the county board of elections shall appoint to fill the vacancy.  If such appointment by the chairman of the county board of elections is not a person nominated by the county chairman of the political party of the vacating officer, then the term of office of the person appointed to fill the vacancy shall expire upon the conclusion of the next canvass held by the county board of elections under this Chapter. If a judge of election shall fail to be present at the voting place at the hour of opening the polls on primary or election day, or if a vacancy in that office shall occur on primary or election day for any reason whatever, the registrar shall appoint another to act as judge until such time as the chairman of the county board of elections shall appoint to fill the vacancy. Persons appointed to fill vacancies shall, whenever possible, be chosen from the same political party as the person whose vacancy is being filled, and all such appointees shall be sworn before acting.
As soon as practicable, following their training as prescribed in G.S. 163-80(d), each registrar and judge of elections shall take and subscribe the following oath of office to be administered by an officer authorized to administer oaths and file it with the county board of elections:
	'I, ........, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State not inconsistent with the Constitution of the United States; that I will administer the duties of my office as registrar of (judge of elections in) ..... precinct, ..... County, without fear or favor; that I will not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or proposition; and that I will not keep or make any memorandum of anything occurring within a voting station, unless I am called upon to testify in a judicial proceeding for a violation of the election laws of this State; so help me, God.'
Notwithstanding the previous paragraph, a person appointed registrar by the judges of election under this section, or appointed judge of election by the registrar under this section may take the oath of office immediately upon appointment.
Before the opening of the polls on the morning of the primary or election, the registrar shall administer the oath set out in the preceding paragraph to each assistant, and any judge of elections not previously sworn, substituting for the words 'registrar of' the words 'assistant in' or 'judge of elections in' whichever is appropriate."
Sec. 5.  G.S. 163-72.3(a)(5) reads as rewritten:
"(5)	After marking the ballots, or using the voting equipment in a station or separate room provided for voting, the voter shall place the ballots, if any, in the proper ballot box."
Sec. 6.  G.S. 163-146 reads as rewritten:
"§ 163-146. Voting enclosure at voting place; furnishings; arrangement.
At each precinct voting place as described in G.S. 163-129, there shall be a room or area set apart as the voting enclosure. The limits of the voting enclosure shall be defined by walls, guardrails, or other boundary markers which at no point stand nearer than 10 feet nor farther than 20 feet from each ballot box or voting machine. This enclosure shall be arranged so that a single door or opening (not more than three feet wide) can be used as the entrance for persons seeking to vote.
Within the voting enclosure and in plain view of the qualified voters present at the voting place shall be placed:
(1)	A table or desk on which the registrar shall place and use the precinct registration books and records.
(2)	A table or desk on which the responsible judge shall place and superintend the ballots for distribution and the box for spoiled ballots.
(3)	A table or desk on which the responsible judge shall place and maintain the pollbook.
(4)	The ballot boxes.
(5)	The voting stations.
All voting stations and ballot boxes shall be placed in plain view of the registrar and judges as well as of the qualified voters present at the voting place.
The registrar's table shall be placed near the entrance to the voting enclosure.
Each voting station shall be located and arranged so that it is impossible for a voter in one station to see a voter in another station in the act of marking his ballots. Each voting station shall be kept properly lighted and provided with pencils or pens for marking ballots.
In precincts in which voting machines are used, ballot boxes shall not be used. Within the voting enclosure at the voting place in such a precinct, each machine shall be placed so that the exterior from all its sides is visible and so that whenever it is not in use by a voter the ballot labels on its face may be plainly seen by the precinct officials and assistants, and by observers appointed under the provisions of G.S. 163-45. Precinct election officials and assistants shall not place themselves, nor shall they permit any other person to place himself, in any position that will permit one to see or ascertain how a voter votes on a voting machine except when the voter obtains assistance as provided in this Chapter.
No political banner, poster, or placard shall be allowed in or upon the voting place during the day of a primary or election."
Sec. 7.  G.S. 163-150 reads as rewritten:
"§ 163-150. Voting procedures.
(a)	Checking Registration. – A person seeking to vote shall enter the voting enclosure at the voting place through the appropriate entrance and shall at once state his name and place of residence to one of the judges of election.  In a primary election, the voter shall also state the political party with which he affiliates and in whose primary he desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party under G.S. 163-74(a1), the voter shall state the name of the authorizing political party in whose primary he wishes to vote.  The judge to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice.  After examining the precinct registration records, the registrar shall state whether the person seeking to vote is duly registered.
(b)	Distribution of Ballots; Information. – If the voter is found to be registered and is not challenged, or, if challenged and the challenge is overruled as provided in G.S. 163-88, the responsible judge of election shall hand him an official ballot of each kind he is entitled to vote.  In a primary election the voter shall be furnished ballots of the political party with which he affiliates and no others, except that unaffiliated voters who are permitted to vote in a party primary under G.S. 163-74(a1) shall be furnished ballots for that primary.  No such unaffiliated voter shall vote in the primary of more than one party on the same day.  It shall be the duty of the registrar and judges holding the primary or election to give any voter any information he desires in regard to the kinds of ballots he is entitled to vote and the names of the candidates on the ballots.  In response to questions asked by the voter, the registrar and judges shall communicate to him any information necessary to enable him to mark his ballot as he desires.
(c)	Act of Voting. – When a person is given official ballots by the judge, he shall be deemed to have begun the act of voting, and he shall not leave the voting enclosure until he has deposited his ballots in the ballot boxes or returned them to the precinct officials. When he leaves the voting enclosure, whether or not he has deposited his ballots in the ballot boxes, he shall not be entitled to enter the voting enclosure again for the purpose of voting. On receiving his ballots, the voter shall immediately retire alone to one of the voting stations unless he is entitled to assistance under the provisions of G.S. 163-152, and without undue delay he shall mark his ballots in accordance with the provisions of G.S. 163-151.
(d)	Spoiled and Damaged Ballots. – If a voter spoils or damages a ballot, he may obtain another upon returning the spoiled or damaged ballot to the registrar. A voter shall not be given a replacement ballot until he has returned the spoiled or damaged ballot, and he shall not be given more than three replacement ballots in all. The registrar shall deposit each spoiled or damaged ballot in the box provided for that purpose.
(e)	Depositing Ballots and Leaving Enclosure. – When the voter has marked his ballots he shall leave the voting station and deposit them in the appropriate boxes or hand them to the registrar or a judge who shall deposit them for him. If he does not mark a ballot he shall return it to one of the precinct officials before leaving the voting enclosure. If the voter has been challenged and the challenge has been overruled, before depositing his ballots in the boxes he shall write his name on each of his ballots so they may be identified in the event his right to vote is again questioned. After depositing his ballots in the ballot boxes, the voter shall immediately leave the voting enclosure unless he is one of the persons authorized by law to remain  within the enclosure for purposes other than voting.
(f)	Maintenance of Pollbook or Other Record of Voting. – At each primary, general or special election, the precinct registrar shall appoint two precinct assistants (one from each political party as recommended by the county chairman thereof), one to be assigned to keep the pollbook or other voting record used in the county as approved by the State Board of Elections, and the other to keep the registration books under the supervision of the precinct officials. The names of all persons voting shall be checked on the registration records and entered on the pollbook or other voting record. In an election where observers may be appointed under G.S. 163-45 each voter's party affiliation shall be entered in the proper column of the book or other approved record opposite his name. The precinct assistant shall make each entry at the time the ballots are handed to the voter. As soon as the polls are closed, the registrar and judges of election shall sign the pollbook or other approved record immediately beneath the last voter's name entered therein. The registrar or the judge appointed to attend the county canvass shall deliver the pollbook or other approved record to the chairman of the county board of elections at the time of the county canvass, and the chairman shall remain responsible for its safekeeping.
(g)	Occupation of Voting Station.  – Subject to the provisions of G.S. 163-152 and G.S. 163-152.1, no voter shall be allowed to occupy a voting station already occupied by another voter, provided, however, husbands and wives may occupy the same voting station if both wish to do so. No voter shall be allowed to occupy a voting station more than five minutes if all the stations are in use and other voters are waiting to obtain stations. "
Sec. 8.  G.S. 163-152 reads as rewritten:
"§ 163-152. Assistance to voters in primaries and general elections.
(a)	In Primaries or General Elections. –
(1)	Who Is Entitled to Assistance: In a primary or general election, a registered voter qualified to vote in the primary or general election shall be entitled to assistance in getting to and from the voting station and in preparing his ballots in accordance with the following rules:
a.	Any voter shall be entitled to assistance from a near relative of his choice.
b.	Any voter in any of the following four categories shall be entitled to assistance from a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union:
1.	One who, on account of physical disability, is unable to enter the voting station without assistance;
2.	One who, on account of physical disability, is unable to mark his ballots without assistance;
3.	One who, on account of illiteracy, is unable to mark his ballots without assistance;
4.	One who, on account of blindness, is unable to enter the voting station or mark his ballots without assistance.
(2)	Procedure for Obtaining Assistance: A person seeking assistance in a primary or general election shall, upon arriving at the voting place, first request the registrar to permit him to have assistance, stating his reasons. If the registrar determines that the voter is entitled to assistance, he shall ask the voter to point out and identify the person he desires to help him and to whose assistance he is entitled under this section. The registrar shall thereupon request the person indicated to render the requested aid. The registrar, one of the judges, or one of the assistants may provide aid to the voter if so requested, if the election official is not prohibited by sub-subdivision (a)(1)b. of this section. Under no circumstances shall any precinct official be assigned to assist a voter who qualifies for assistance under this section, who was not specified by the voter.
(b)	Repealed by Session Laws 1973, c. 793, s. 63.
(c)	Conduct of Persons Rendering Assistance. – Anyone rendering assistance to a voter in a primary or general election or election under the provisions of this section shall be admitted to the voting station with the person being assisted and shall be governed by the following rule:
(1)	He shall not in any manner seek to persuade or induce any voter to cast his vote in any particular way.
(2)	Except when going to or returning from a voting station with a voter as authorized by this section, he shall remain within the voting place but shall not come within 10 feet of the voting enclosure.
(3)	Immediately after rendering assistance, he shall vacate the voting station and withdraw to his place in the voting place outside the voting enclosure.
(4)	He shall not accompany the voter from the voting station to the ballot box unless the voter requires and requests assistance on account of physical disability; if assistance is rendered in this way, he shall not converse with the voter prior to the time he deposits his ballots in the ballot boxes.
(5)	He shall not make or keep any memorandum of anything which occurs within the voting station.
(6)	He shall not, directly or indirectly, reveal to any person how, in any particular, the assisted voter marked his ballots, unless he or they are called upon to testify in a judicial proceeding for a violation of the election laws.
(d)	Meaning of 'Near Relative'. – As used in this section, the words 'near relative' shall include the voter's husband, wife, brother, sister, parent, child, grandparent, and grandchild, but no other relative.
(e)	Violation of Section. – It shall be a misdemeanor for any person to give, receive, or permit assistance in the voting station during any primary or general election or election to any voter otherwise than as is allowed by this section."
Sec. 9.  G.S. 163-226.3(3) reads as rewritten:
"(3)	For a voter who votes an absentee ballot under the procedures authorized by G.S. 163-227.2 to vote his absentee ballot outside of the voting station or private room provided to him for that purpose in the office of the county board of elections or to receive assistance in getting to and from the voting station or private room and in preparing and marking his ballots from any person other than a member of the county board of elections, the supervisor of elections, an employee of the board of elections authorized by the board, a near relative of the voter as defined in G.S. 163-227(c)(4), or the voter's legal guardian;".
Sec. 10. G.S. 163-227.2(e) reads as rewritten:
"(e)	The voter shall vote his absentee ballot in a voting station and the county board of elections shall provide a voting station for that purpose, provided however, that the county board of elections may in the alternative provide a private room for the voter adjacent to the office of the board, in which case the voter shall vote his absentee ballot in that room. The voting station shall be in the office of the county board of elections. If the voter needs assistance in getting to and from the voting station and in preparing and marking his ballots or if he is a blind voter, only a member of the county board of elections, the supervisor of elections, an employee of the board of elections authorized by the board, a near relative of the voter as defined in G.S. 163-227(c)(4), or the voter's legal guardian shall be entitled to assist the voter."
Sec. 11.  G.S. 163-273(5) reads as rewritten:
"(5)	For any voter to remain longer than the specified time allowed by this Chapter at a voting station, after being notified that his time has expired."
Sec. 12.  This act is effective upon ratification.