GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 762
HOUSE BILL 1776

AN ACT TO REWRITE THE VOTER REGISTRATION LAWS OF NORTH CAROLINA AND TO MAKE OTHER ELECTION-LAW CHANGES.

The General Assembly of North Carolina enacts:

Section 1.  Article 7 of Chapter 163 of the General Statutes is repealed.
Sec. 2.  Chapter 163 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 7A.
"Registration of Voters.
"§ 163-82.1.  General principles of voter registration. 
(a)	Prerequisite to Voting. – No person shall be permitted to vote who has not been registered under the provisions of this Article or registered as previously provided by law.
(b)	County Board's Duty to Register. – A county board of elections shall register, in accordance with this Article, every person qualified to vote in that county who makes an application in accordance with this Article.
(c)	Permanent Registration. – Every person registered to vote by a county board of elections in accordance with this Article shall remain registered until:
(1)	The registrant requests in writing to the county board of elections to be removed from the list of registered voters; or
(2)	The registrant becomes disqualified through death, conviction of a felony, or removal out of the county; or
(3)	The county board of elections determines, through the procedure outlined in G.S. 163-82.14, that it can no longer confirm where the voter resides.
"§ 163-82.2.  Chief State Election Official.
The Executive Secretary-Director of the State Board of Elections is the 'Chief State Election Official' of North Carolina for purposes of P.L. 103-31, The National Voter Registration Act of 1993, subsequently referred to in this Article as the 'National Voter Registration Act'.  As such the Executive Secretary-Director is responsible for coordination of State responsibilities under the National Voter Registration Act.
"§ 163-82.3.  Voter registration application forms.
(a)	Form Developed by State Board of Elections. – The State Board of Elections shall develop an application form for voter registration.  Any person may use the form to apply to do any of the following:
(1)	Register to vote;
(2)	Change party affiliation or unaffiliated status;
(3)	Report a change of address within a county;
(4)	Report a change of name.
The county board of elections for the county where the applicant resides shall accept the form as application for any of those purposes if the form is submitted as set out in G.S. 163-82.3.
(b)	Interstate Form. – The county board of elections where an applicant resides shall accept as application for any of the purposes set out in subsection (a) of this section the interstate registration form designed by the Federal Election Commission pursuant to section 9 of the National Voter Registration Act, if the interstate form is submitted in accordance with G.S. 163-82.6.
(c)	Agency Application Form. – The county board of elections where an applicant resides shall accept as application for any of the purposes set out in subsection (a) of this section a form developed pursuant to G.S. 163-82.19 or G.S. 163-82.20.
"§ 163-82.4.  Contents of application form.
(a)	Information Requested of Applicant. – The form required by G.S. 163-82.3(a) shall request the applicant's:
(1)	Name,
(2)	Date of birth,
(3)	Residence address,
(4)	County of residence,
(5)	Date of application,
(6)	Gender,
(7)	Race,
(8)	Political party affiliation, if any, in accordance with subsection (c) of this section,
(9)	Telephone number (to assist the county board of elections in contacting the voter if needed in processing the application),
and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application.  The form shall require the applicant to state whether currently registered to vote anywhere, and at what address, so that any prior registration can be cancelled.  The county board shall make a diligent effort to complete for the registration records any information requested on the form that the applicant does not complete, but no application shall be denied because an applicant does not state race, gender, or telephone number. The application shall conspicuously state that provision of the applicant's telephone number is optional.  If the county board maintains voter records on computer, the free list provided under this subsection shall include telephone numbers if the county board enters the telephone number into its computer records of voters.
(b)	Notice of Requirements, Attestation, Notice of Penalty, and Notice of Confidentiality. – The form required by G.S. 163-82.3(a) shall contain, in uniform type, the following:
(1)	A statement that specifies each eligibility requirement (including citizenship) and an attestation that the applicant meets each such requirement, with a requirement for the signature of the applicant, under penalty of a Class I felony under G.S. 163-275(a).
(2)	A statement that, if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
(3)	A statement that, if the applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
(c)	Party Affiliation or Unaffiliated Status. – The application form described in G.S. 163-82.3(a) shall provide a place for the applicant to state a preference to be affiliated with one of the political parties in G.S. 163-96, or a preference to be an 'unaffiliated' voter.  Every person who applies to register shall state his preference.  If the applicant fails to declare a preference for a party or for unaffiliated status, that person shall be listed as 'unaffiliated', except that if the person is already registered to vote in the county and that person's registration already contains a party affiliation, the county board shall not change the registrant's status to 'unaffiliated' unless the registrant clearly indicates a desire in accordance with G.S. 163-82.17 for such a change.  An unaffiliated registrant shall not be eligible to vote in any political party primary, except as provided in G.S. 163-116, but may vote in any other primary or general election.  The application form shall so state.
"§ 163-82.5.  Distribution of application forms. 
The State Board of Elections shall make the forms described in G.S. 163-82.3 available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration drives.
"§ 163-82.6.  Acceptance of application forms. 
(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 or in person.  The applicant may delegate the submission of the form to another person.
(b)	Signature. – The form shall be valid only if signed by the applicant.
(c)	Registration Deadlines for an Election. – In order to be valid for an election, the form:
(1)	If submitted by mail, must be postmarked at least 25 days before the election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the election,
(2)	If submitted in person (by the applicant or another person), must be received by the county board of elections by 5:00 p.m. on the twenty-fifth day before the election,
except as provided in subsection (d) of this section.
(d)	Instances When Person May Register and Vote on Election Day. – If a person has become qualified to register and vote between the twenty-fifth day before an election and election day, then that person may apply to register on election day by submitting an application form described in G.S. 163-82.3(a) or (b) to:
(1)	A member of the county board of elections;
(2)	The county supervisor of elections; or
(3)	The chief judge or a judge of the precinct in which the person is eligible to vote,
and, if the application is approved, that person may vote the same day.  The official in subdivisions (1) through (3) of this subsection to whom the application is submitted shall decide whether the applicant is eligible to vote.  The applicant shall present to the official written or documentary evidence that the applicant is the person he represents himself to be.  The official, if in doubt as to the right of the applicant to register, may require other evidence satisfactory to that official as to the applicant's qualifications.  If the official determines that the person is eligible, the person shall be permitted to vote in the election and the county board shall add the person's name to the list of registered voters.  If the official denies the application, the person shall be permitted to vote a challenged ballot under the provisions of G.S. 163-88.1, and may appeal the denial to the full county board of elections.  The State Board of Elections shall promulgate rules for the county boards of elections to follow in hearing appeals for denial of election-day applications to register.  No person shall be permitted to register on the day of a second primary unless he shall have become qualified to register and vote between the date of the first primary and the date of the succeeding second primary.  For purposes of this subsection, persons who 'become qualified to register and vote' during a time period:
(1)	Include those who during that time period are naturalized as citizens of the United States or who are restored to citizenship after a conviction of a felony; but
(2)	Do not include persons who reach the age of 18 during that time period, if those persons were eligible to register while 17 years old during an earlier period.
"§ 163-82.7.  Verification of qualifications and address of applicant; denial or approval of application. 
(a)	Tentative Determination of Qualification. – When a county board of elections receives an application for registration submitted pursuant to G.S. 163-82.6, the board either:
(1)	Shall make a determination that the applicant is not qualified to vote at the address given, or
(2)	Shall make a tentative determination that the applicant is qualified to vote at the address given, subject to the mail verification notice procedure outlined in subsection (c) of this section
within a reasonable time after receiving the application.
(b)	Denial of Registration. – If the county board of elections makes a determination pursuant to subsection (a) of this section that the applicant is not qualified to vote at the address given, the board shall send, by certified mail, a notice of denial of registration.  The notice of denial shall contain the date on which registration was denied, and shall be mailed within two business days after denial.  The notice of denial shall inform the applicant of alternatives that the applicant may pursue to exercise the franchise.  If the applicant disagrees with the denial, the applicant may appeal the decision under G.S. 163-82.18.
(c)	Verification of Address by Mail. – If the county board of elections tentatively determines that the applicant is qualified to vote at the address given, then the county board shall send a notice to the applicant, by nonforwardable mail, at the address the applicant provides on the application form.  The notice shall state that the county will register the applicant to vote if the Postal Service does not return the notice as undeliverable to the county board.  The notice shall also inform the applicant of the precinct and voting place to which the applicant will be assigned if registered.
(d)	Approval of Application. – If the Postal Service does not return the notice as undeliverable, the county board shall register the applicant to vote.
(e)	Second Notice if First Notice Is Returned as Undeliverable. – If the Postal Service returns the notice as undeliverable, the county board shall send a second notice by nonforwardable mail to the same address to which the first was sent.  If the second notice is not returned as undeliverable, the county board shall register the applicant to vote.
(f)	Denial of Application Based on Lack of Verification of Address. – If the Postal Service returns as undeliverable the notice sent by nonforwardable mail pursuant to subsection (e) of this section, the county board shall deny the application.  The county board need not try to notify the applicant further.
(g)	Voting When Verification Process Is Incomplete. – In cases where an election occurs before the process of verification outlined in this section has had time to be completed, the county board of elections shall be guided by the following rules:
(1)	If the county board has made a tentative determination that an applicant is qualified to vote under subsection (a) of this section, then that person shall not be denied the right to vote in person in an election unless the Postal Service has returned as undeliverable two notices to the applicant: one mailed pursuant to subsection (c) of this section and one mailed pursuant to subsection (e) of this section.  This subdivision does not preclude a challenge to the voter's qualifications under Article 8 of this Chapter.
(2)	If the Postal Service has returned as undeliverable a notice sent within 25 days before the election to the applicant under subsection (c) of this section, then the applicant may vote only in person in that first election and may not vote by mailed absentee ballot.  The county board of elections shall establish a procedure at the voting site for:
a.	Obtaining the correct address of any person described in this subdivision who appears to vote in person; and
b.	Assuring that the person votes in the proper place and in the proper contests.
If a notice mailed under subsection (c) or subsection (e) of this section is returned as undeliverable after a person has already voted by absentee ballot, then that person's ballot may be challenged in accordance with G.S. 163-89.
(3)	If a notice sent pursuant to subsection (c) or (e) of this section is returned by the Postal Service as undeliverable after a person has already voted in an election, then the county board shall treat the person as a registered voter but shall send a confirmation mailing pursuant to G.S. 163-82.14(d)(2) and remove or retain the person on the registration records in accordance with that subdivision.
"§ 163-82.8.  Voter registration cards. 
(a)	Authority to Issue Card. – With the approval of the board of county commissioners, the county board of elections may issue to each voter in the county a voter registration card, or may issue cards to all voters registered after January 1, 1995.
(b)	Content and Format of Card. – At a minimum, the voter registration card shall:
(1)	List the voter's name, address, and voting place;
(2)	Contain the address and telephone number of the county board of elections, along with blanks to report a change of address within the county, change of name, and change of party affiliation; and
(3)	Be wallet size.
No voter registration card may be issued by a county board of elections unless the State Board of Elections has approved the format of the card.
(c)	Ways County Board and Registrant May Use Card. – If the county board of elections issues voter registration cards, the county board may use that card as a notice of tentative approval of the voter's application pursuant to G.S. 163-82.7(c), provided that the mailing contains the statements and information required in that subsection.  The county board may also satisfy the requirements of G.S. 163-82.15(b), 163-82.16(b), or 163-82.17(b) by sending the registrant a replacement of the voter registration card to verify change of address, change of name, or change of party affiliation.  A registrant may use the card to report a change of address, change of name, or change of party affiliation, satisfying G.S. 163-82.15, 163-82.16, or 163-82.17.
(d)	Card as Evidence of Registration. – A voter registration card shall be evidence of registration but shall not preclude a challenge as permitted by law.
(e)	Display of Card May Not Be Required to Vote. – No county board of elections may require that a voter registration card be displayed in order to vote.
"§ 163-82.9.  Cancellation of prior registration. 
If an applicant indicates on an application form described in G.S. 163-82.3 a current registration to vote in any other county, municipality, or State, the county board of elections, upon registering the person to vote, shall send a notice to the appropriate officials in the other county, municipality, or State and shall ask them to cancel the person's voter registration there.
"§ 163-82.10.  Official record of voter registration. 
(a)	Application Form Becomes Official Record. – A completed and signed registration application form described in G.S. 163-82.3, once approved by the county board of elections, becomes the official registration record of the voter.  The county board of elections shall maintain custody of the official registration records of all voters in the county and shall keep them in a place where they are secure.
(b)	Access to Registration Records. – Upon request by that person, the county board of elections shall provide to any person a list of the registered voters of the county or of any precinct or precincts in the county.  The county board may furnish selective lists according to party affiliation, gender, race, date of registration, or any other reasonable category.  The county board shall require each person to whom a list is furnished to reimburse the board for the actual cost incurred in preparing it, except as provided in subsection (c) of this section.
(c)	Free Lists. – Free lists of all registered voters in the county shall be provided in the following cases:
(1)	A county board that maintains voter records on computer shall provide, upon written request, one free list to:
a.	The State chair of each political party; and
b.	The county chair of each political party
once in every odd-numbered year, once during the first six calendar months of every even-numbered year, and once during the latter six calendar months of every even-numbered year.
(2)	A county board that does not maintain voter records on computer shall provide one free paper list every two years to the county chair of each political party.
Each free list shall include the name, address, gender, date of birth, race, political affiliation, voting history, and precinct of each registered voter.  The free paper list to the county party chairs shall group voters by precinct.  All free lists shall be provided as soon as practicable but no later than 30 days after written request.  Each State party chair shall provide the discs or tapes received from the county boards to candidates of that party who request the discs or tapes in writing.  Each State party chair shall return discs and tapes to the county boards within 30 days after receiving them.  As used in this section, 'political party' means a political party as defined in G.S. 163-96.
"§ 163-82.11.  Establishment of statewide computerized voter registration. 
	The State Board of Elections shall develop and implement a statewide computerized voter registration system to facilitate voter registration and to provide a central database containing voter registration information for each county.  The system shall encompass both software development and purchasing of the necessary hardware for the central and distributed-network systems.
The State Board of Elections shall develop and implement the system so that each county board of elections can:
(1)	Verify that an applicant to register in its county is not also registered in another county;
(2)	Be notified automatically that a registered voter in its county has registered to vote in another county; and
(3)	Receive automatically data about a person who has applied to vote at a drivers license office or at another public agency that is authorized to accept voter registration applications.
Each county board of elections shall be responsible for registering voters within its county according to law.  Each county board of elections shall maintain its own computer file of registered voters in accordance with rules promulgated by the State Board of Elections.  Each county board of elections shall transmit through the computer network all additions, deletions, and changes in its list of registered voters promptly to the statewide computer file.  The State Board of Elections shall maintain a continually updated duplicate file of each county's registered voters.
"§ 163-82.12.  Promulgation of rules relating to computerized voter registration. 
The State Board of Elections shall make all rules necessary to administer the statewide voter registration system established by this Article.  These rules shall include provisions for:
(1)	Establishing, developing, and maintaining a computerized central voter registration file;
(2)	Linking the central file through a network with computerized voter registration files in each of the counties;
(3)	Interacting with the computerized drivers license records of the Division of Motor Vehicles and with the computerized records of other public agencies authorized to accept voter registration applications;
(4)	Protecting and securing the data; and
(5)	Converting current voter registration records in the counties in computer files that can be used on the statewide computerized registration system.
"§ 163-82.13.  Access to statewide voter registration file. 
(a)	Free Copy for Political Parties. – Beginning January 1, 1996, the State Board of Elections shall make available free of charge, upon written request, one magnetic copy of the statewide computerized voter registration file to the chairman of each political party as defined in G.S. 163-96 as soon as practicable after the close of registration before every statewide primary and election.  The file made available to the political party chairmen shall contain the name, address, gender, date of birth, race, voting history, political affiliation, and precinct of every registered voter in the State.  If a county board enters telephone numbers into its computer lists of registered voters, then the free list provided under this subsection shall include telephone numbers.
(b)	Copies for Sale to Others. – Beginning January 1, 1996, the State Board of Elections shall sell, upon written request, to other public and private organizations and persons magnetic copies of the statewide computerized voter registration file.  The State Board of Elections may sell selective lists of registered voters according to county, congressional or legislative district, party affiliation, gender, date of birth, race, date of registration, or any other reasonable category, or a combination of categories.  The State Board of Elections shall require all persons to whom any list is furnished under this subsection to reimburse the board for the actual cost incurred in preparing it.
"§ 163-82.14.  List maintenance. 
(a)	Uniform Program. – The State Board of Elections shall adopt a uniform program that makes a reasonable effort:
(1)	To remove the names of ineligible voters from the official lists of eligible voters, and
(2)	To update the addresses and other necessary data of persons who remain on the official lists of eligible voters.
That program shall be nondiscriminatory and shall comply with the provisions of the Voting Rights Act of 1965, as amended, and with the provisions of the National Voter Registration Act. The State Board of Elections, in addition to the methods set forth in this section, may use other methods toward the ends set forth in subdivisions (1) and (2) of this subsection, including address-updating services provided by the Postal Service.  Each county board of elections shall conduct systematic efforts to remove names from its list of registered voters in accordance with this section and with the program adopted by the State Board.
(b)	Death. – The Department of Environment, Health, and Natural Resources, on or before the fifteenth day of March, June, September, and December, shall furnish free of charge to each county board of elections a certified list of the names of deceased persons who were residents of that county.  The Department of Environment, Health, and Natural Resources shall base each list upon information supplied by death certifications it received during the preceding quarter. Upon the receipt of the certified list, the county board of elections shall remove from its voter registration records any person the list shows to be dead.  The county board need not send any notice to the address of the person so removed.
(c)	Conviction of a Felony. –
(1)	Report of Conviction Within the State. – The clerk of superior court, on or before the fifteenth day of March, June, September, and December of every year, 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 quarter.  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.
(2)	Report of Federal Conviction. – The Executive Secretary-Director of the State Board of Elections, upon receipt of a notice of conviction sent by a United States Attorney pursuant to section 8(g) of the National Voter Registration Act, shall notify the appropriate county boards of elections of the conviction.
(3)	County Board's Duty Upon Receiving Report of Conviction. – When a county board of elections receives a notice pursuant to subdivision (1) or (2) of this subsection relating to a resident of that county and that person is registered to vote in that county, the board shall, after giving 30 days' written notice to the voter at his registration address, and if the voter makes no objection, remove the person's name from its registration records.  If the voter notifies the county board of elections of his objection to the removal within 30 days of the notice, the chairman of the board of elections shall enter a challenge under G.S. 163-85(c)(5), and the notice the county board received pursuant to this subsection shall be prima facie evidence for the preliminary hearing that the registrant was convicted of a felony.
(d)	Change of Address. – A county board of elections shall conduct a systematic program to remove from its list of registered voters those who have moved out of the county, and to update the registration records of persons who have moved within the county.  The county board shall remove a person from its list if the registrant:
(1)	Gives confirmation in writing of a change of address for voting purposes out of the county. 'Confirmation in writing' for purposes of this subdivision shall include:
a.	A report to the county board from the Department of Transportation or from a voter registration agency listed in G.S. 163-82.20 that the voter has reported a change of address for voting purposes outside the county;
b.	A notice of cancellation received under G.S. 163-82.9; or
c.	A notice of cancellation received from an election jurisdiction outside the State.
(2)	Fails to respond to a confirmation mailing sent by the county board in accordance with this subdivision and does not vote or appear to vote in an election beginning on the date of the notice and ending on the day after the date of the second general election for the United States House of Representatives that occurs after the date of the notice.  A county board sends a confirmation notice in accordance with this subdivision if the notice:
a.	Is a postage prepaid and preaddressed return card, sent by forwardable mail, on which the registrant may state current address;
b.	Contains or is accompanied by a notice to the effect that if the registrant did not change residence but remained in the county, the registrant should return the card not later than the deadline for registration by mail in G.S. 163-82.6(c)(1); and
c.	Contains or is accompanied by information as to how the registrant may continue to be eligible to vote if the registrant has moved outside the county.
A county board shall send a confirmation mailing in accordance with this subdivision if the registrant remains on the list, the registrant has not voted in two successive presidential elections or in any election in between, and the county board has not confirmed the registrant's address by another means.  The county board may send a confirmation mailing in accordance with this subdivision if the registrant has been identified as residing outside the county through change-of-address information supplied by the Postal Service through its licensees.
"§ 163-82.15.  Change of address within the county. 
(a)	Registrant's Duty to Report. – No registered voter shall be required to re-register upon moving from one precinct to another within the same county.  Instead, a registrant shall notify the county board of the change of address by the close of registration for an election as set out in G.S. 163-82.6(c).  The registrant shall make the notification by means of a voter registration form as described in G.S. 163-82.3, or by another written notice, signed by the registrant, that includes the registrant's full name, former residence address, new residence address, and date of moving from the old to the new address.
(b)	Verification of New Address by Mail. – When a county board of elections receives a notice that a registrant in that county has changed residence within the same county, the county board shall send a notice, by nonforwardable mail, to the registrant at the new address. The notice shall inform the registrant of any new precinct and voting place that will result from the change of address, and it shall state whether the registrant shall vote at the new voting place during the upcoming election or at a later election.  If the Postal Service returns the county board's notice to the registrant as undeliverable, the county board shall either:
(1)	Send a second notice by nonforwardable mail to the new address and, if it is returned as undeliverable, send to the registrant's old address a confirmation notice as described in G.S. 163-82.14(d)(2); or
(2)	Send to the registrant's old address a confirmation notice as described in G.S. 163-82.14(d)(2) without first sending a second nonforwardable notice to the new address.
In either case, if the registrant does not respond to the confirmation notice as described in G.S. 163-82.14(d)(2), then the county board shall proceed with the removal of the registrant from the list of voters in accordance with G.S. 163-82.14(d).
(c)	Board's Duty to Make Change. – If the county board confirms the registrant's new address in accordance with subsection (b) of this section, the county board shall as soon as practical change the record to reflect the new address.
(d)	Unreported Move Within the Same Precinct. – A registrant who has moved from one address to another within the same precinct shall, notwithstanding failure to notify the county board of the change of address before an election, be permitted to vote at the voting place of that precinct upon oral or written affirmation by the registrant of the change of address before a precinct official at that voting place.
(e)	Unreported Move to Another Precinct Within the County. – If a registrant has moved from an address in one precinct to an address in another precinct within the same county more than 30 days before an election and has failed to notify the county board of the change of address before the close of registration for that election, the county board shall permit that person to vote in that election. The county board shall permit the registrant described in this subsection to vote at the registrant's new precinct, upon the registrant's written affirmation of the new address, or, if the registrant prefers, at a central location in the county to be chosen by the county board.  If the registrant appears at the old precinct, the precinct officials there shall send the registrant to the new precinct or, if the registrant prefers, to the central location, according to rules which shall be prescribed by the State Board of Elections.  At the new precinct, the registrant shall be processed by a precinct transfer assistant, according to rules which shall be prescribed by the State Board of Elections.
(f)	When Registrant Disputes Registration Records. – If the registration records indicate that the registrant has moved outside the precinct, but the registrant denies having moved from the address within the precinct previously shown on the records, the registrant shall be permitted to vote at the voting place for the precinct where the registrant claims to reside, if the registrant gives oral or written affirmation before a precinct official at that voting place.
(g)	Precinct Transfer Assistants. – The county board of elections shall either designate a board employee or appoint other persons to serve as precinct transfer assistants to receive the election-day transfers of the voters described in subsection (e) of this section.  In addition, board members and employees may perform the duties of precinct transfer assistants.  The State Board of Elections shall promulgate uniform rules to carry out the provisions of this section, and shall define in those rules the duties of the precinct transfer assistant.
"§ 163-82.16.  Change of name. 
(a)	Registrant's Duty to Report. – If the name of a registrant is changed in accordance with G.S. 48-36, G.S. 50-12, or Chapter 101 of the General Statutes, or if a married registrant assumes the last name of the registrant's spouse, the registrant shall not be required to re-register, but shall report the change of name to the county board not later than the last day for applying to register to vote for an election in G.S. 163-82.6. The registrant shall report the change on a form described in G.S. 163-82.3 or on a voter registration card described in G.S. 163-82.8 or in another written statement that is signed, contains the registrant's full names, old and new, and the registrant's current residence address.
(b)	Verification of New Name by Mail. – When a county board of elections receives a notice of name change from a registrant in that county, the county board shall send a notice, by nonforwardable mail, to the registrant's residence address.  The notice shall state that the registrant's records will be changed to reflect the new name if the registrant does not respond that the name change is incorrect.  If the Postal Service returns the county board's notice to the registrant as undeliverable, the county board shall send to the registrant's residence address a confirmation notice as described in G.S. 163-82.14(d)(2).
If the registrant does not respond to the confirmation notice as described in G.S. 163-82.14(d)(2), then the county board shall proceed with the removal of the registrant from the list of voters in accordance with G.S. 163-82.14(d).
(c)	Board's Duty to Make Change. – If the county board confirms the registrant's address in accordance with subsection (b) of this section and the registrant does not deny making the application for the name change, the county board shall as soon as practical change the record of the registrant's name to conform to that stated in the application.
(d)	Unreported Name Change. – A registrant who has not reported a name change in accordance with subsection (a) of this section shall be permitted to vote if the registrant reports the name change to the chief judge at the voting place, or to the county board along with the voter's application for an absentee ballot.
"§ 163-82.17.  Change of party affiliation. 
(a)	Registrant's Duty to Report. – Any registrant who desires to have the record of his party affiliation or unaffiliated status changed on the registration list shall, no later than the last day for making application to register under G.S. 163-82.6 before the election, indicate the change on an application form as described in G.S. 163-82.3 or on a voter registration card described in G.S. 163-82.8.  No registrant shall be permitted to change party affiliation or unaffiliated status for a primary, second primary, or special or general election after the deadline for registration applications for that election as set out in G.S. 163-82.6.
(b)	Verification of Affiliation Change by Mail. – When a county board of elections receives a notice of change of party affiliation or unaffiliated status from a registrant in that county, the county board shall send a notice, by nonforwardable mail, to the registrant's residence address.  The notice shall state that the registrant's records will be changed to reflect the change of status if the registrant does not respond by stating that he does not desire a change in status.  The notice shall also inform the registrant of the time that the change of affiliation status will occur, and shall explain the provisions of subsection (d) of this section.  If the Postal Service returns the county board's notice to the registrant as undeliverable, the county board shall send to the registrant's residence address a confirmation notice as described in G.S. 163-82.14(d)(2).  If the registrant does not respond to the confirmation notice as described in G.S. 163-82.14(d)(2), then the county board shall proceed with the removal of the registrant from the list of voters in accordance with G.S. 163-82.14(d).
(c)	Board's Duty to Make Change. – If the county board confirms the registrant's address in accordance with subsection (b) of this section and the registrant does not deny making the application to change affiliated or unaffiliated status, the county board of elections shall as soon as practical change the record of the registrant's party affiliation, or unaffiliated status, to conform to that stated in the application. Thereafter the voter shall be considered registered and qualified to vote in accordance with the change, except as provided in subsection (d) of this section.
(d)	Deadline to Change Status Before Primary. – If a registrant applies to change party affiliation or unaffiliated status later than the last day for applying to register under G.S. 163-82.6 before a primary, the registrant shall not be entitled to vote in the primary of a party in which the registrant's status on that last day did not entitle the registrant to vote.
(e)	Authority of County Board or Supervisor to Make Correction. – If at any time the chairman or supervisor of elections of the county board of elections is satisfied that an error has been made in designating the party affiliation of any voter on the registration records, then the chairman or supervisor of elections of the county board of elections shall make the necessary correction after receiving from the voter a sworn statement as to the error and the correct status.
"§ 163-82.18.  Appeal from denial of registration. 
(a)	Right to Appeal. – Any applicant who receives notice of denial of registration pursuant to G.S. 163-82.7 may appeal the denial within five days after receipt of the notice of denial.  The county board of elections shall promptly set a date for a public hearing.  The notice of appeal shall be in writing and shall be signed by the appealing party, shall include the appealing party's name, date of birth, address, and reasons for the appeal.
(b)	Hearing Before County Board of Elections. – The county board of elections shall set a date and time for a public hearing and shall notify the appealing party.  Every person appealing to the county board of elections from denial of registration shall be entitled to a prompt and fair hearing on the question of the denied applicant's right and qualifications to register as a voter.  All cases on appeal to a county board of elections shall be heard de novo.
Two members of the county board of elections shall constitute a quorum for the purpose of hearing appeals on questions of registration. The decision of a majority of the members of the board shall be the decision of the board.  The board shall be authorized to subpoena witnesses and to compel their attendance and testimony under oath, and it is further authorized to subpoena papers and documents relevant to any matters pending before the board.
If at the hearing the board shall find that the person appealing from a denial of registration meets all requirements of law for registration as a voter in the county, the board shall enter an order directing that the appellant be registered and assign the appellant to the appropriate precinct.  Not later than five days after an appeal is heard before the county board of elections, the board shall give written notice of its decision to the appealing party.
(c)	Appeal to Superior Court. – Any person aggrieved by a final decision of a county board of elections denying registration may at any time within 10 days from the date on which he receives notice of the decision appeal to the superior court of the county in which the board is located.  Upon such an appeal, the appealing party shall be the plaintiff and the county board of elections shall be the defendant, and the matter shall be heard de novo in the superior court in the manner in which other civil actions are tried and disposed of in that court.
If the decision of the court is that the order of the county board of elections shall be set aside, then the court shall enter its order so providing and adjudging that the plaintiff is entitled to be registered as a qualified voter in the precinct in which he originally made application to register, and in such case the plaintiff's name shall be entered in the registration book of that precinct. The court shall not order the registration of any person in a precinct in which he did not apply to register prior to the proceeding in court.
From the judgment of the superior court an appeal may be taken to the appellate division in the same manner as other appeals are taken from judgments of that court in civil actions.
"§ 163-82.19.  Voter registration at drivers license offices. 
The Division of Motor Vehicles shall, pursuant to the rules adopted by the State Board of Elections, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a drivers license, or special identification card issued under G.S. 20-37.7 may, on a part of the form, complete an application to register to vote or to update his registration if the voter has changed his address or moved from one precinct to another or from one county to another.  Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.  The application shall state in clear language the penalty for violation of this section.  The necessary forms shall be prescribed by the State Board of Elections.  The form must ask for the previous voter registration address of the voter, if any.  If a previous address is listed, and it is not in the county of residence of the applicant, the appropriate county board of elections shall treat the application as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163-82.9.  If a previous address is listed and that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163-82.9.
Registration shall become effective as provided in G.S. 163-82.7.  Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163-82.6(c)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.
All applications shall be forwarded by the Department of Transportation to the appropriate board of elections not later than five business days after the date of acceptance, according to rules which shall be promulgated by the State Board of Elections.
"§ 163-82.20.  Voter registration at other public agencies. 
(a)	Voter Registration Agencies. – Every office in this State which accepts:
(1)	Applications for a program of public assistance under Article 2 of Chapter 108A of the General Statutes or under Article 13 of Chapter 130A of the General Statutes;
(2)	Applications for State-funded State or local government programs primarily engaged in providing services to persons with disabilities, with such office designated by the State Board of Elections; or
(3)	Claims for benefits under Chapter 96 of the General Statutes, the Employment Security Law,
is designated as a voter registration agency for purposes of this section.
(b)	Duties of Voter Registration Agencies. – A voter registration agency described in subsection (a) of this section shall, unless the applicant declines, in writing, to register to vote:
(1)	Distribute with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance:
a.	The voter registration application form described in G.S. 163-82.3(a) or (b); or
b.	The voter registration agency's own form, if it is substantially equivalent to the form described in G.S. 163-82.3(a) or (b) and has been approved by the State Board of Elections, provided that the agency's own form may be a detachable part of the agency's paper application or may be a paperless computer process, as long as the applicant is required to sign an attestation as part of the application to register.
(2)	Provide a form that contains the elements required by section 7(a)(6)(B) of the National Voter Registration Act; and
(3)	Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application as is provided by the office with regard to the completion of its own forms.
(b1)	Provided that voter registration agencies designated under subdivision (a)(3) of this section shall only be required to provide the services set out in this subsection to applicants for new claims, reopened claims, and changes of address under Chapter 96 of the General Statutes, the Employment Security Law.
(c)	Home Registration for Disabled. – If a voter registration agency provides services to a person with disability at the person's home, the voter registration agency shall provide the services described in subsection (b) of this section at the person's home.
(d)	Prohibitions. – Any person providing any service under subsection (b) of this section shall not:
(1)	Seek to influence an applicant's political preference or party registration, except that this shall not be construed to prevent the notice provided by G.S. 163-82.4(c) to be given if the applicant refuses to declare his party affiliation;
(2)	Display any such political preference or party allegiance;
(3)	Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
(4)	Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.
(e)	Confidentiality of Declination to Register. – No information relating to a declination to register to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration.
(f)	Transmittal From Agency to Board of Elections. – Any voter registration application completed at a voter registration agency shall be accepted by that agency in lieu of the applicant's mailing the application.  Any such application so received shall be transmitted to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board of Elections.
(g)	Twenty-Five-Day Deadline for an Election. – Applications to register accepted by a voter registration agency shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty-fifth calendar day immediately preceding such primary, general, or special election, provided that nothing shall prohibit voter registration agencies from continuing to accept applications during that period.
(h)	Ineligible Applications Prohibited. – No person shall make application to register to vote under this section if that person is ineligible to vote on account of age, citizenship, lack of residence for the period of time provided by law, or because of conviction of a felony.
"§ 163-82.21.  Voter registration at military recruitment offices. 
The Executive Secretary-Director, jointly with the Department of Defense, shall develop and implement procedures for persons to apply to register to vote at recruitment offices of the armed forces of the United States in compliance with section 7(c)	of the National Voter Registration Act.
"§ 163-82.22.  Voter registration at public libraries. 
Every library covered by G.S. 153A-272 shall make available to the public the application forms described in G.S. 163-82.3, and shall keep a sufficient supply of the forms so that they are always available. Every library covered by G.S. 153A-272 shall designate at least one employee to assist voter registration applicants in completing the form during all times that the library is open.
"§ 163-82.23.  Voter registration at public high schools. 
Every public high school shall make available to its students and others who are eligible to register to vote the application forms described in G.S. 163-82.3, and shall keep a sufficient supply of the forms so that they are always available.  A local board of education may, but is not required to, designate high school employees to assist in completing the forms.  Only employees who volunteer for this duty may be designated by boards of education.
"§ 163-82.24.  Statewide training for election officials. 
The State Board of Elections shall conduct training programs in election law and procedures. Every county elections supervisor shall receive training conducted by the State Board at least as often as required in the following schedule:
(1)	Once during each odd-numbered year before the municipal election held in the county;
(2)	Once during each even-numbered year before the first partisan primary; and
(3)	Once during each even-numbered year after the partisan primaries but before the general election.
Every member of a county board of elections shall receive training conducted by the State Board at least once during the six months after the member's initial appointment and at least once again during the first two years of the member's service. The State Board of Elections shall promulgate rules for the training of precinct officials, which shall be followed by the county boards of elections.
"§ 163-82.25.  Mandated voter registration drive. 
The Governor shall proclaim as Citizens Awareness Month the month designated by the State Board of Elections during every even-numbered year.  During that month, the State Board of Elections shall initiate a statewide voter registration drive and shall adopt rules under which county boards of elections shall conduct the drives.  Each county board of elections shall participate in the statewide voter registration drives in accordance with the rules adopted by the State Board.
"§ 163-82.26.  Rule-making authority. 
The State Board of Elections shall promulgate rules necessary to implement the provisions of this Article."
Sec. 3.  G.S. 163-41 reads as rewritten:
"§ 163-41.  Precinct chief judges and judges of election; appointment; terms of office; qualifications; vacancies; oaths of office.
(a)	Appointment of Chief Judge 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 chief judge 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 chief judge.
The term 'precinct official' shall mean chief judges 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 chief judge 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 chief judge 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 chief judge 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 chief judge 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 chief judge 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. 163-82.24, each chief judge and judge of election 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 chief judge of (judge of election 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 booth, 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 chief judge by the judges of election under this section, or appointed judge of election by the chief judge 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 chief judge shall administer the oath set out in the preceding paragraph to each assistant, and any judge of election not previously sworn, substituting for the words 'chief judge of' the words 'assistant in' or 'judge of election in' whichever is appropriate.
(b)	
		Special Registration Commissioners Abolished; Optional Training. – The office of special registration commissioner is abolished. The State Board of Elections and county boards of elections may provide training to persons assisting in voter registration.
(b1)	Repealed by Session Laws 1985, c. 387, s. 1.1.
(c)	Publication of Names of Precinct Officials. – Immediately after appointing chief judges and judges as herein provided, the county board of elections shall publish the names of the persons appointed in some newspaper having general circulation in the county or, in lieu thereof, at the courthouse door, and shall notify each person appointed of his appointment, either by letter or by having a notice served upon him by the sheriff. 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."
Sec. 4.  G.S. 163-47 reads as rewritten:
"§ 163-47.  Powers and duties of chief judges and judges of election.
(a)	The chief judges and judges of election shall conduct the primaries and elections within their respective precincts fairly and impartially, and they shall enforce peace and good order in and about the place of registration and voting. On the day of each primary and general and special election, the precinct chief judge and judges shall remain at the voting place from the time fixed by law for the commencement of their duties there until they have completed all those duties, and they shall not separate nor shall any one of them leave the voting place except for unavoidable necessity.
(b)	On the day of an election or primary, the chief judge shall have charge of the registration list for the purpose of passing on the registration of persons who present themselves at the polls to vote.
(c)	The chief judge and judges shall hear challenges of the right of registered voters to vote as provided by law.
(d)	The chief judge and judges shall count the votes cast in their precincts and make such returns of the same as is provided by law.
(e)	The chief judge and judges shall make such an accounting to the chairman of the county board of elections for ballots and for election supplies as is required by law.
(f)	The chief judge and judges of election shall act by a majority vote on all matters not assigned specifically by law to the chief judge or to a judge."
Sec. 5.  Wherever the term "registrar" appears in Chapter 163 of the General Statutes, the term shall be changed to read "chief judge".
Sec. 6.  Article 4 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-36.  Modified full-time offices.
The State Board of Elections shall promulgate rules permitting counties that have fewer than 14,001 registered voters to operate a modified full-time elections office to the extent that the operation of a full-time office is not necessary.  Nothing in this section shall preclude any county from keeping an elections office open at hours consistent with the hours observed by other county offices."
Sec. 7.  Article 10 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-116.  Voting by unaffiliated voter in party primary.
If a political party has, by action of its State Executive Committee reported to the State Board of Elections by resolution delivered no later than the first day of December preceding a primary, provided that unaffiliated voters may vote in the primary of that party, an unaffiliated voter may vote in the primary of that party by announcing that intention under G.S. 163-150(a).  For a party to withdraw its permission, it must do so by action of its State Executive Committee, similarly reported to the State Board of Elections no later than the first day of December preceding the primary where the withdrawal is to become effective."
Sec. 8.  G.S. 18B-601(i) reads as rewritten:
"(i)	Observers. – The proponents and opponents for an alcoholic beverage election, as determined by the local board of elections, shall have the right to appoint two observers to attend each voting place. The persons authorized to appoint observers shall, three days before the election, submit in writing to the chief judge of each precinct a signed list of the observers appointed for that precinct.  The persons appointed as observers shall be registered voters of the precinct for which appointed.  The chief judge and judges for the precinct may for good cause reject any appointee and require that another be appointed. Observers shall do no electioneering at the voting place nor in any manner impede the voting process, interfere or communicate with or observe any voter in casting his ballot.  Observers shall be permitted in the voting place to make such observation and to take such notes as they may desire."
Sec. 9.  G.S. 115C-506 reads as rewritten:
"§ 115C-506.  Action of board of county commissioners or governing body of municipality.
Petitions requesting special school elections and bearing the approval of the board of education of the local school administrative unit shall be presented to the board of county commissioners, and it shall be the duty of said board of county commissioners to call an election and fix the date for the same: Provided, that the board of education requesting the election may, for any reason deemed sufficient by said board which shall be specified and recorded in the minutes of the board, withdraw the petition by the twenty-fifth day before the election, and if the petition be so withdrawn, the election shall not be held unless by some other provision of law the holding of such election is mandatory.  In the case of a city administrative unit in any incorporated city or town and formed from portions of contiguous counties, said petition shall be presented to the governing body of the city or town situated within, coterminous with, or embracing such city administrative unit, and the election shall be ordered by said governing body, and said governing body shall perform all the duties pertaining to said election performed by the board of county commissioners in elections held under this Article."
Sec. 10.  G.S. 139-40 reads as rewritten:
"§ 139-40.  Conduct of election.
(a)	There shall be no new registration of voters for such an election.  Registration shall be open for registration of new voters in said county and registration of any and all legal residents of said county, who are or could legally be enfranchised as qualified voters for regular general elections, shall be carried out in accordance with the general election laws of the State of North Carolina as provided for local elections.  Notice of such registration of new voters shall be published in a newspaper circulated in said county, once, not less than 55 days before and not more than 65 days before the election, stating the hours and days for registration.  The special election, if called, shall be under the control and supervision of the county board of elections.
(b)	The form of the question shall be substantially the words 'For Watershed Improvement Tax of Not More Than ______ Cents Per One Hundred Dollar ($100.00) Valuation,' and 'Against Watershed Improvement Tax of Not More Than ______ Cents Per One Hundred Dollar ($100.00) Valuation,' which alternates shall appear separated from each other on one ballot containing opposite, and to the left of each alternate, squares of appropriate size in one of which squares the voter may make a mark 'X' to designate the voter's choice for or against such tax, provided, the board of county commissioners may vary the aforesaid form of the question to be placed upon the ballot for the watershed improvement tax election in such manner as the board deems appropriate, and the board of elections shall cause to be placed upon the ballot such form of the question as may be requested by the board of county commissioners.  The board of county commissioners shall designate the amount of the maximum annual rate of such tax to be levied, which amount may be less than but may not exceed twenty-five cents (25¢) on the one hundred dollar ($100.00) valuation of property in the county, and said amount shall be stated on the ballot in the question to be voted upon.  Such ballot shall be printed on white paper and each polling place shall be supplied with a sufficient number of ballots not later than the day before the election.  At such special election the election board shall cause to be placed at each voting precinct in said county a ballot box marked 'Watershed Improvement Tax Election'.
(c)	The duly appointed judges and other election officials who are named and fixed by the county board of elections shall count the ballots so cast in such election and the results of the election shall be officially canvassed, certified and announced by the proper officials of the board of elections, according to the manner of canvassing, certifying and announcing the elections held under the general election laws of the State as provided for local elections.
(d)	If a majority of those voting in such election favor the levying of such a tax, the board of commissioners of such county is authorized to levy a special tax at a rate not to exceed twenty-five cents (25¢) on each one hundred dollars ($100.00) of assessed value of real and personal property taxable in said county, not to exceed the maximum rate of tax approved by the voters in such election, and the General Assembly does hereby give its special approval for the levy of such special tax."
Sec. 11.  G.S. 158-17 reads as rewritten:
"§ 158-17.  Registration of voters; election under supervision of county board of elections.
There shall be no new registration of voters for such an election.  Registration shall be open for registration of new voters in said county and registration of any and all legal residents of said county, who are or could legally be enfranchised as qualified voters for regular general elections, shall be carried out in accordance with the general election laws of the State of North Carolina as provided for local elections. Notice of such registration  of new voters shall be published in a newspaper circulated in said county, once, not less than 55 days before and not more than 65 days beforethe election, stating the hours and days for registration.  The special election, if called, shall be under the control and supervision of the county board of elections."
Sec. 12.  G.S. 163-22(o) reads as rewritten:
"(o)	The State Board of Elections shall promulgate minimum requirements for the number of pollbooks, voting machines and curbside ballots to be available at each precinct, such that more of such will be available at general elections and a sufficient number will be available to allow voting without excessive delay.  The State Board of Elections shall provide for a training and screening program for chief judges and judges.  The State Board of Elections shall provide additional testing of voting machines to ensure that they operate properly even with complicated ballots.
The State Board of Elections shall require counties with voting systems to have sufficient personnel available on election day with technical expertise to make repairs in such equipment, to investigate election day problems, and assist in curbside voting."
Sec. 13.  G.S. 163-31 reads as rewritten:
"§ 163-31.  Meetings of county boards of elections; quorum; minutes.
In each county of the State the members of the county board of elections shall meet at the courthouse or board office at noon on the Tuesday following the third Monday in July in the year of their appointment by the State Board of Elections and, after taking the oath of office provided in G.S. 163-30, they shall organize by electing one member chairman and another member secretary of the county board of elections. On the Tuesday following the third Monday in August of the year in which they are appointed the county board of elections shall meet and appoint precinct chief judges and judges of elections.  The board may hold other meetings at such times as the chairman of the board, or any two members thereof, may direct, for the performance of duties prescribed by law.  A majority of the members shall constitute a quorum for the transaction of board business. The chairman shall notify, or cause to be notified, all members regarding every meeting to be held by the board.
The county board of elections shall keep minutes recording all proceedings and findings at each of its meetings.  The minutes shall be recorded in a book which shall be kept in the board office and it shall be the responsibility of the secretary, elected by the board, to keep the required minute book current and accurate.  The secretary of the board may designate the supervisor of elections to record and maintain the minutes under his supervision."
Sec. 14.  G.S. 163-32 reads as rewritten:
"§ 163-32.  Compensation of members of county boards of elections.
In full compensation of their services, members of the county board of elections (including the chairman) shall be paid by the county twenty-five dollars ($25.00) per meeting for the time they are actually engaged in the discharge of their duties, together with reimbursement of expenditures necessary and incidental to the discharge of their duties; provided that members are not entitled to be compensated for more than one meeting held in any one 24-hour period.  In its discretion, the board of county commissioners of any county may pay the chairman and members of the county board of elections compensation in addition to the per meeting and expense allowance provided in this paragraph.
In all counties the board of elections shall pay its clerk, assistant clerks, and other employees such compensation as it shall fix within budget appropriations.  Counties which adopt full-time and permanent registration shall have authority to pay supervisors of elections whatever compensation they may fix within budget appropriations."
Sec. 15.  G.S. 163-33(2) reads as rewritten:
"(2)	To appoint all chief judges, judges, assistants, and other officers of elections, and designate the precinct in which each shall serve; and, after notice and hearing, to remove any chief judge, judge of elections, assistant, or other officer of election appointed by it for incompetency, failure to discharge the duties of office, failure to qualify within the time prescribed by law, fraud, or for any other satisfactory cause. In exercising the powers and duties of this subdivision, the board may act only when a majority of its members are present at any meeting at which such powers or duties are exercised."
Sec. 16.  G.S. 163-35(d) reads as rewritten:
"(d)	Duties. – The supervisor of elections may be empowered by the county board of elections to perform such administrative duties as might be assigned by the board and the chairman. In addition, the supervisor of elections may be authorized by the chairman to execute the responsibilities devolving upon the chairman provided such authorization by any chairman shall in no way transfer the responsibility for compliance with the law.  The chairman shall remain liable for proper execution of all matters specifically assigned to him by law.
The county board of elections shall have authority, by resolution adopted by majority vote, to delegate to its supervisor of elections so much of the administrative detail of the election functions, duties, and work of the board, its officers and members, as is now, or may hereafter be vested in the board or its members as the county board of elections may see fit: Provided, that the board shall not delegate to a supervisor of elections any of its quasi-judicial or policy-making duties and authority.  Within the limitations imposed upon him by the resolution of the county board of elections the acts of a properly appointed supervisor of elections shall be deemed to be the acts of the county board of elections, its officers and members."
Sec. 17.  G.S. 163-42 reads as rewritten:
"§ 163-42.  Assistants at polls; appointment; term of office; qualifications; oath of office.
Each county and municipal board of elections is authorized, in its discretion, to appoint two or more assistants for each precinct to aid the chief judge and judges.  Not more than two assistants shall be appointed in precincts having 500 or less registered voters.  Assistants shall be qualified voters of the precinct for which appointed.  When the board of elections determines that assistants are needed in a precinct an equal number shall be appointed from different political parties, unless the requirement as to party affiliation cannot be met because of an insufficient number of voters of different political parties within a precinct.
The chairman of each political party in the county shall have the right to recommend from three to 10 registered voters in each precinct for appointment as precinct assistants in that precinct.  If the recommendations are received by it no later than the thirtieth day prior to the primary or election, the board shall make appointments of the precinct assistants for each precinct from the names thus recommended.
Before entering upon the duties of the office, each assistant shall take the oath prescribed in G.S. 163-41(a)	to be administered by the chief judge of the precinct for which the assistant is appointed.  Assistants serve for the particular primary or election for which they are appointed, unless the county board of elections appoints them for a term to expire on the date appointments are to be made pursuant to G.S. 163-41."
Sec. 18.  G.S. 163-43 reads as rewritten:
"§ 163-43.  Ballot counters; appointment; qualifications; oath of office.
The county board of elections of any county may authorize the use of precinct ballot counters to aid the chief judges and judges of election in the counting of ballots in any precinct or precincts within the county.  The county board of elections shall appoint the ballot counters it authorizes for each precinct or, in its discretion, the board may delegate authority to make such appointments to the precinct chief judge, specifying the number of ballot counters to be appointed for each precinct. A ballot counter must be a resident of that precinct.
No person shall be eligible to serve as a ballot counter, 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 ballot counter, who serves as chairman of a state, congressional district, county, or precinct political party or political organization.
No person who is the wife, husband, mother, father, son, daughter, brother or sister of any candidate for nomination or election may serve as ballot counter during any primary or election in which such candidate qualifies.
No person shall be eligible to serve as a ballot counter who is a candidate for nomination or election.
Upon acceptance of appointment, each ballot counter shall appear before the precinct chief judge at the voting place immediately at the close of the polls on the day of the primary or election and take the following oath to be administered by the chief judge:
'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 honestly discharge the duties of ballot counter in ________ precinct, _________ County for primary (or election) held this day, and that I will fairly and honestly tabulate the votes cast in said primary (or election); so help me, God.'
The names and addresses of all ballot counters serving in any precinct, whether appointed by the county board of elections or by the chief judge, shall be reported by the chief judge to the county board of elections at the county canvass following the primary or election."
Sec. 19.  G.S. 163-45 reads as rewritten:
"§ 163-45.  Observers; appointment.
The chairman 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 chairman, 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 chairman contains the names of all persons authorized to represent such chairman'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 chairman 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, he or his 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 precinct for which appointed and must have good moral character.  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 chairman 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 chairman shall deliver one copy of the list to the chief judge for each affected precinct.  He shall retain the other copy.  The chairman, 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 chairman of the county board of elections or the person making the substitute appointment.
An observer shall do no electioneering at the voting place, and he shall in no manner impede the voting process or interfere or communicate with or observe any voter in casting his ballot, but, subject to these restrictions, the chief judge and judges of elections shall permit him to make such observation and take such notes as he 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."
Sec. 20.  G.S. 163-46 reads as rewritten:
"§ 163-46.  Compensation of precinct officials and assistants.
The precinct chief judge shall be paid the state minimum wage for his services on the day of a primary, special or general election.  Judges of election shall each be paid the state minimum wage for their services on the day of a primary, special or general election.  Assistants, appointed pursuant to G.S. 163-42, shall each be paid the state minimum wage for their services on the day of a primary, special or general election.  Ballot counters appointed pursuant to G.S. 163-43 shall be paid a minimum of five dollars ($5.00) for their services on the day of a primary, general or special election.
Chief judges shall be paid the sum of twenty dollars ($20.00) per day and judges shall be paid the sum of fifteen dollars ($15.00) per day for attendance at the county canvass, pursuant to G.S. 163-173.
The chairman of the county board of elections, along with the supervisor of elections, shall conduct an instructional meeting prior to each primary and general election which shall be attended by each chief judge and judge of election, unless excused by the chairman, and such precinct election officials shall be paid the sum of fifteen dollars ($15.00) for attending the instructional meetings required by this section.
In its discretion, the board of county commissioners of any county may provide funds with which the county board of elections may pay chief judges, judges, assistants, and ballot counters in addition to the amounts specified in this section. Observers shall be paid no compensation for their services.
A person appointed to serve as chief judge, or judge of election when a previously appointed chief judge or judge fails to appear at the voting place or leaves his post on the day of an election or primary shall be paid the same compensation as the chief judge or judge appointed prior to that date.
For the purpose of this section, the phrase 'the State minimum wage,' means the amount set by G.S. 95-25.3(a). For the purpose of this section, no other provision of Article 2A of Chapter 95 of the General Statutes shall apply."
Sec. 21.  G.S. 163-48 reads as rewritten:
"§ 163-48.  Maintenance of order at place of registration and voting.
The chief judge and judges of election shall enforce peace and good order in and about the place of registration and voting. They shall especially keep open and unobstructed the place at which voters or persons seeking to register or vote have access to the place of registration and voting.  They shall prevent and stop improper practices and attempts to obstruct, intimidate, or interfere with any person in registering or voting. They shall protect challenger and witnesses against molestation and violence in the performance of their duties, and they may eject from the place of registration or voting any challenger or witness for violation of any provisions of the election laws.  They shall prevent riots, violence, tumult, or disorder.
In the discharge of the duties prescribed in the preceding paragraph of this section, the chief judge and judges may call upon the sheriff, the police, or other peace officers to aid them in enforcing the law.  They may order the arrest of any person violating any provision of the election laws, but such arrest shall not prevent the person arrested from registering or voting if he is entitled to do so.  The sheriff, police officers, and other officers of the peace shall immediately obey and aid in the enforcement of any lawful order made by the precinct election officials in the enforcement of the election laws. The chief judge and judges of election of any precinct, or any two of such election officials, shall have the authority to deputize any person or persons as police officers to aid  in maintaining order at the place of registration or voting."
Sec. 22.  G.S. 163-57 reads as rewritten:
"§ 163-57.  Residence defined for registration and voting.
All election officials in determining the residence of a person offering to register or vote, shall be governed by the following rules, so far as they may apply:
(1)	That place shall be considered the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.
(2)	A person shall not be considered to have lost his residence who leaves his home and goes into another state or county of this State, for temporary purposes only, with the intention of returning.
(3)	A person shall not be considered to have gained a residence in any county of this State, into which he comes for temporary purposes only, without the intention of making such county his permanent place of abode.
(4)	If a person removes to another state or county within this State, with the intention of making such state or county his permanent residence, he shall be considered to have lost his residence in the state or county from which he has removed.
(5)	If a person removes to another state or county within this State, with the intention of remaining there an indefinite time and making such state or county his place of residence, he shall be considered to have lost his place of residence in this State or the county from which he has removed, notwithstanding he may entertain an intention to return at some future time.
(6)	If a person goes into another state or county, or into the District of Columbia, and while there exercises the right of a citizen by voting in an election, he shall be considered to have lost his residence in this State or county.
(7)	School teachers who remove to a county for the purpose of teaching in the schools of that county temporarily and with the intention or expectation of returning during vacation periods to live in the county in which their parents or other relatives reside, and who do not have the intention of becoming residents of the county to which they have moved to teach, for purposes of registration and voting shall be considered residents of the county in which their parents or other relatives reside.
(8)	If a person removes to the District of Columbia or other federal territory to engage in the government service, he shall not be considered to have lost his residence in this State during the period of such service unless he votes there, and the place at which he resided at the time of his removal shall be considered and held to be his place of residence.
(9)	If a person removes to a county to engage in the service of the State government, he shall not be considered to have lost his residence in the county from which he removed, unless he demonstrates a contrary intention.
(10)	For the purpose of voting a spouse shall be eligible to establish a separate domicile.
(11)	So long as a student intends to make his home in the community where he is physically present for the purpose of attending school while he is attending school and has no intent to return to his former home after graduation, he may claim the college community as his domicile.  He need not also intend to stay in the college community beyond graduation in order to establish his domicile there. This subdivision is intended to codify the case law."
Sec. 23.  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. 163-116 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. 163-82.6(c) 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. 24.  G.S. 163-84 reads as rewritten:
"§ 163-84.  Time for challenge other than on day of primary or election.
The registration records of each county shall be open to inspection by any registered voter of the county, including any chief judge or judge of elections, during the normal business hours of the county board of elections on the days when the board's office is open.  At those times the right of any person to register, remain registered, or vote shall be subject to objection and challenge."
Sec. 25.  G.S. 163-85(a) reads as rewritten:
"(a)	Right to Challenge; When Challenge May Be Made. – Any registered voter of the county may challenge the right of any person to register, remain registered or vote in such county. No such challenge may be made after the twenty-fifth day before each primary, general, or special election."
Sec. 26.  G.S. 163-87 reads as rewritten:
"§ 163-87.  Challenges allowed on day of primary or election.
On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the precinct may exercise the right of challenge, and when he does so may enter the voting enclosure to make the challenge, but he shall retire therefrom as soon as the challenge is heard.
On the day of a primary or election, any other registered voter of the precinct may challenge a person for one or more of the following reasons:
(1)	One or more of the reasons listed in G.S. 163-85(c), or
(2)	That the person has already voted in that primary or election, or
(3)	That the person presenting himself to vote is not who he represents himself to be.
On the day of a party primary, any voter of the precinct who is registered as a member of the political party conducting the primary may, at the time any registrant proposes to vote, challenge his right to vote upon the ground that he does not affiliate with the party conducting the primary or does not in good faith intend to support the candidates nominated in that party's primary, and it shall be the duty of the chief judge and judges of election to determine whether or not the challenged registrant has a right to vote in that primary according to the procedures prescribed in G.S. 163-88; provided that no challenge may be made on the grounds specified in the paragraph against an unaffiliated voter voting in the primary under G.S. 163-74(a1).
If a person is challenged under this subsection, and the challenge is sustained under G.S. 163-85(c)(3), the voter may still transfer his registration under G.S. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made.  A person who has transferred his registration under G.S. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred."
Sec. 27.  G.S. 163-88 reads as rewritten:
"§ 163-88.  Hearing on challenge made on day of primary or election.
A challenge entered on the day of a primary or election shall be heard and decided by the chief judge and judges of election of the precinct in which the challenged registrant is registered before the polls are closed on the day the challenge is made.  When the challenge is heard the precinct officials conducting the hearing shall explain to the challenged registrant the qualifications for registration and voting in this State, and shall examine him as to his qualifications to be registered and to vote.  If the challenged registrant insists that he is qualified, and if, by sworn testimony, he shall prove his identity with the person in whose name he offers to vote and his continued residence in the precinct since he was registered, one of the judges of election or the chief judge shall tender to him the following oath or affirmation, omitting the portions in brackets if the challenge is heard on the day of an election other than a primary:
'You do solemnly swear (or affirm) that you are a citizen of the United States; that you are at least 18 years of age [or will become 18 by the date of the next general election]; that you have [or will have] resided in this State and in the precinct for which registered for 30 days [by the date of the next general election]; that you are not disqualified from voting by the Constitution and laws of this State; that your name is ___________________, and that in such name you were duly registered as a voter of this precinct; that you are the person you represent yourself to be; [that you are affiliated with the _________ party]; and that you have not voted in this [primary] election at this or any other voting place.  So help you, God.'
If the challenged registrant refuses to take the tendered oath, the challenge shall be sustained, and the precinct officials conducting the hearing shall mark the registration records to reflect their decision, and they shall erase the challenged registrant's name from the pollbook if it has been entered therein.  If the challenged registrant takes the tendered oath, the precinct officials conducting the hearing may, nevertheless, sustain the challenge unless they are satisfied that the challenged registrant is a legal voter.  If they are satisfied that he is a legal voter, they shall overrule the challenge and permit him to vote.  Whenever any person's vote is received after having taken the oath prescribed in this section, the chief judge or one of the judges of election shall write on the registration record and on the pollbook opposite the registrant's name the word 'sworn.'
Precinct election officials conducting hearings on challenges on the day of a primary or election shall have authority to administer the necessary oaths or affirmations to all witnesses brought before them to testify to the qualifications of the person challenged.
A letter or postal card mailed by returnable mail and returned by the United States Postal Service purportedly because the person no longer lives at that address or because a forwarding order has expired shall not be admissible evidence in a challenge heard under this section which was made under G.S. 163-87."
Sec. 28.  G.S. 163-88.1 reads as rewritten:
"§ 163-88.1.  Request for challenged ballot.
(a)	If the decision of the chief judge and judges pursuant to G.S. 163-88 is to sustain the challenge, the challenged voter may request a challenged ballot by submitting an application to the chief judge, such application shall include as part thereof an affidavit that such person possesses all the qualifications for voting and is entitled to vote at the election.  The form of such affidavit shall be prescribed by the State Board of Elections and shall be available at the polls.
(b)	Any person requesting a challenged ballot shall have the letter 'C' entered at the appropriate place on the voter's permanent registration record.  The voter's name shall be entered on a separate page in the pollbook entitled 'Challenged Ballot,' and serially numbered.  The challenged ballot shall be the same type of ballot used for absentee voters, and the chief judge shall write across the top of the ballot 'Challenged Ballot # ______,' and shall insert the same serial number as entered in the pollbook.  The chief judge shall deliver to such voter a challenged ballot together with an envelope marked 'Challenged Ballot' and serially numbered.  The challenged voter shall forthwith mark the ballot in the presence of the chief judge in such manner that the chief judge shall not know how the ballot is marked.  He shall then fold the ballot in the presence of the chief judge so as to conceal the markings and deposit and seal it in the serially numbered envelope.  He shall then deliver such envelope to the chief judge.  The chief judge shall retain all such envelopes in an envelope provided by the county board of elections, which he shall seal immediately after the polls close, and deliver to the board chairman at the canvass.
(c)	The chairman of the county board of elections shall preserve such ballots in the sealed envelopes for a period of six months after the election.  However, in the case of a contested election, either party to such action may request the court to order that the sealed envelopes containing challenged ballots be delivered to the board of elections by the chairman.  If so ordered, the board of elections shall then convene and consider each challenged ballot and rule as to which ballots shall be counted.  In such consideration, the board may take such further evidence as it deems necessary, and shall have the power of subpoena.  If any ballots are ordered to be counted, they shall be added to the vote totals."
Sec. 29.  G.S. 163-89 reads as rewritten:
"§ 163-89.  Procedures for challenging absentee ballots.
(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).
(b)	Who May Challenge. – Any registered voter of the same precinct as the absentee voter may challenge that voter's absentee ballot.
(c)	Form and Nature of Challenge. – Each challenged absentee ballot shall be challenged separately.  The burden of proof shall be on the challenger.  Each challenge shall be made in writing and, if they are available, shall be made on forms prescribed by the State Board of Elections.  Each challenge shall specify the reasons why the ballot does not comply with the provisions of this Article or why the absentee voter is not legally entitled to vote in the particular primary or election.  The challenge shall be signed by the challenger.
(d)	To Whom Challenge Addressed; to Whom Challenge Delivered. – Each challenge shall be addressed to the county board of elections.  It may be filed with the board at its offices or with the chief judge of the precinct in which the challenger and absentee voter are registered.  If it is delivered to the chief judge, the chief judge shall personally deliver the challenge to the chairman of the county board of elections on the day of the county canvass.
(e)	Hearing Procedure. – All challenges filed under this section shall be heard by the county board of elections on the day set for the canvass of the returns.  All members of the board shall attend the canvass and all members shall be present for the hearing of challenges to absentee ballots.
Before the board hears a challenge to an absentee ballot, the chairman shall mark the word 'challenged' after the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters.
The board then shall hear the challenger's reasons for the challenge, and it shall make its decision without opening the container-return envelope or removing the ballots from it.
The board shall have authority to administer the necessary oaths or affirmations to all witnesses brought before it to testify to the qualifications of the voter challenged or to the validity or invalidity of the ballot.
If the challenge is sustained, the chairman shall mark the word 'sustained' after the word 'challenged' following the voter's name in the register of absentee ballot applications and ballots issued and in the pollbook of absentee voters; the voter's ballots shall not be counted; and the container-return envelope shall not be opened but shall be marked 'Challenge Sustained.' All envelopes so marked shall be preserved intact by the chairman for a period of six months from canvass day or longer if any contest then is pending concerning the validity of any absentee ballot.
If the challenge is overruled, the absentee ballots shall be removed from the container-return envelopes and counted by the board of elections, and the board shall adjust the appropriate abstracts of returns to show that the ballots have been counted and tallied in the manner provided for unchallenged absentee ballots.
If the challenge was delivered to the board by the chief judge of the precinct and was sustained, the board shall reopen the appropriate ballot boxes, remove such ballots, determine how those ballots were voted, deduct such ballots from the returns, and adjust the appropriate abstracts of returns.
Any voter whose ballots have been challenged may, either personally or through an authorized representative, appear before the board at the hearing on the challenge and present evidence as to the validity of the ballot."
Sec. 30.  G.S. 163-105 reads as rewritten:
"§ 163-105.  Payment of expense of conducting primary elections.
The expense of printing and distributing the poll and registration books, blanks, and ballots for those offices required by G.S. 163-109(b) to be furnished by the State, and the per diem and expenses of the State Board of Elections while engaged in the discharge of primary election duties imposed by law upon that Board, shall be paid by the State.
The expenses of printing and distributing the ballots for those offices required by G.S. 163-109(c) to be furnished by counties, and the per diem (or salary) and expenses of the county board of elections and the chief judges and judges of election, while engaged in the discharge of primary election duties imposed by law upon them, shall be paid by the counties."
Sec. 31.  G.S. 163-106(b) reads as rewritten:
"(b)	Eligibility to File. – No person shall be permitted to file as a candidate in a primary if, at the time he offers to file notice of candidacy, he is registered on the appropriate registration book or record as an affiliate of a political party other than that in whose primary he is attempting to file.  No person who has changed his political party affiliation or who has changed from unaffiliated status to party affiliation as permitted in G.S. 163-82.17, shall be permitted to file as a candidate in the primary of the party to which he changed unless he has been affiliated with the political party in which he seeks to be a candidate for at least 90 days prior to the filing date for the office for which he desires to file his notice of candidacy.
A person registered as 'unaffiliated' shall be ineligible to file as a candidate in a party primary election."
Sec. 32.  G.S. 163-109(c) reads as rewritten:
"(c)	Ballots to Be Furnished by County Board of Elections. – It shall be the duty of the county board of elections to print official ballots for each political party having candidates for the following offices to be voted for in the primary:
Superior court judge,
District court judge,
District attorney,
State Senator,
Member of the House of Representatives of the General Assembly, and
All county offices.
In printing primary ballots, the county board of elections shall be governed by instructions of the State Board of Elections with regard to width, color, kind of paper, form, and size of type.
In its discretion, the county board of elections may print separate primary ballots for the district and county offices listed in this subsection, or it may combine some or all of them on a single ballot.  In a primary election, if there shall be 10 or more candidates for nomination to any one office, the county board of elections in its discretion may prepare a separate ballot for said office.
Three days before the primary election, the chairman of the county  board of elections shall distribute official State, district, and county ballots to the chief judge of each precinct in his county, and the chief judge shall give him a receipt for the ballots received.  On the day of the primary it shall be the chief judge's duty to have all the ballots delivered to him available for use at the precinct voting place."
Sec. 33.  G.S. 163-128(a) reads as rewritten:
"(a)	Each county shall be divided into a convenient number of precincts for the purpose of voting, and there shall be at least one precinct encompassed within the territory of each township; provided, however, that upon a resolution adopted by the county board of elections and approved by the Secretary-Director of the State Board of Elections voters from a given precinct within a township may be temporarily transferred, for the purpose of voting, to a precinct in an adjacent township.  Any such transfers shall be for the period of time equal only to the term of office of the county board of elections making such transfer.  When such a resolution has been adopted by the county board of elections to assign voters from more than one township to the same precinct, then the county board of elections shall maintain separate registration and voting records, consistent with the procedure prescribed by the State Board of Elections, so as to properly identify the township in which such voters reside.  Except as provided in G.S. 163-132.2(a)(1), the polling place for a precinct shall be located within the precinct.
Except as provided by Article 12A of this Chapter, the county board of elections shall have power from time to time, by resolution, to establish, alter, discontinue, or create such new election precincts or voting places as it may deem expedient.  Upon adoption of a resolution establishing, altering, discontinuing, or creating a precinct or voting place, the board shall give 45 days' notice thereof prior to the next primary or election.  Notice shall be given by advertisement in a newspaper having general circulation in the county, by posting a copy of the resolution at the courthouse door, and by mailing a copy of the resolution to the chairman of every political party in the county.  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."
Sec. 34.  G.S. 163-129 reads as rewritten:
"§ 163-129.  Structure at voting place; marking off limits of voting place.
At the voting place in each precinct established under the provisions of G.S. 163-128, the county board of elections shall provide or procure by lease or otherwise a suitable structure or part of a structure in which registration and voting may be conducted.  To this end, the county board of elections shall be entitled to demand and use any school or other State, county, or municipal building, or a part thereof, or any other building, or a part thereof, which is supported or maintained, in whole or in part by or through tax revenues provided, however, that this section shall not be construed to permit any board of elections to demand and use any tax exempt church property for such purposes without the express consent of the individual church involved, for the purpose of conducting registration and voting for any primary or election, and it may require that the requisitioned premises, or a part thereof, be vacated for these purposes.
The county board of elections shall inspect each precinct voting place to ascertain how it should be arranged for voting purposes, and shall direct the chief judge and judges of any precinct to define the voting place by roping off the area or otherwise enclosing it or by marking its boundaries.  The boundaries of the voting place shall at any point lie no more than 100 feet from each ballot box or voting machine.  The space so roped off or enclosed or marked for the voting place may contain area both inside and outside the structure in which registration and voting are to take place."
Sec. 35.  G.S. 163-141 reads as rewritten:
"§ 163-141.  Sample ballots.
Sample ballots of each kind to be voted in each primary and election shall be printed by the board of elections responsible for printing the official ballots.  Sample ballots shall be printed on paper of a color different from that used for the official ballots, and each sample ballot shall have the words 'Sample Ballot' printed conspicuously on its face.  Sample ballots shall be used for instructional purposes and shall not be used as official ballots.
The State Board of Elections shall distribute the sample ballots for which it is responsible to the county boards of elections at the time it distributes the official ballots; and the county board of elections, at the time it is required to distribute official ballots, shall furnish each precinct chief judge with an adequate supply of the sample ballots prepared by the State Board of Elections as well as of those the county board is required to prepare."
Sec. 36.  G.S. 163-142 reads as rewritten:
"§ 163-142.  Number of ballots to be furnished each voting place; packaging; date of delivery; receipt for ballots; accounting for ballots.
The county board of elections shall furnish each precinct voting place with each kind of ballot to be voted in the primary or election in a number equal to at least eighty percent (80%) of the number of persons registered to vote in the primary or election in the precinct.  Provided that in those instances where precincts are provided with less than a number of ballots equal to one hundred percent (100%) of the number of voters registered to vote in the primary or election in the precinct, the responsible board of elections shall ensure that a number of additional ballots are stored in its offices for distribution to precincts where the need for additional ballots becomes evident so that a number of ballots equal to one hundred percent (100%) of the number of registered voters in the primary or election in each precinct is available.
Each kind of ballot shall be wrapped in a separate package or packages for each precinct voting place.  The number of ballots to be placed in each package shall be determined by the chairman of the county board of elections, and the outside of each package shall be marked or stamped to show the kind of ballot and the number contained.
Three days before the primary or election, the county board of elections shall deliver to such precinct chief judge the required number of ballots of each kind to be voted in his precinct, and the chief judge shall immediately give a receipt for the ballots delivered to him in accordance with the information marked or stamped on the ballot packages.
Within three days after the primary or election, the chief judge shall deliver to the county board of elections all ballots spoiled in his precinct.  At the same time he shall also deliver to the county board of elections all unused ballots from his precinct.  Thereupon, the county board of elections shall make a check to ascertain whether the total of spoiled ballots and unused ballots, when added to the number of ballots cast in the precinct, equal the number of ballots furnished to and receipted for by the chief judge prior to the primary or election.
The provisions of this section shall not apply to voting places at which voting machines are used."
Sec. 37.  G.S. 163-143 reads as rewritten:
"§ 163-143.  Ballot boxes to be furnished each voting place; date of delivery; receipt for boxes.
The county board of elections shall furnish each precinct voting place with a ballot box for each kind of ballot to be voted in the primary or election, together with one additional box in which spoiled ballots are to be deposited. Each box shall be plainly marked to indicate the ballots to be deposited therein, and the extra box to be delivered to each precinct shall be marked 'For Spoiled Ballots.'
Each ballot box shall be designed so that it may be locked and sealed and shall be constructed with an opening in the top large enough to allow a single ballot to be easily passed through, but no larger. At the time ballot boxes are delivered to the precinct, the chairman of the county board of elections shall furnish each chief judge with a lock and proper seals for each box to be used in his precinct, with instructions as to how each box is to be securely locked and sealed in compliance with G.S. 163-171.
Three days before the primary or election, the county board of elections shall deliver to each precinct chief judge the number of ballot boxes required for his precinct, and the chief judge shall immediately give a receipt for them.
The provisions of this section shall not apply to voting places at which voting machines are used."
Sec. 38.  G.S. 163-144 reads as rewritten:
"§ 163-144.  Lost, destroyed, damaged, and stolen ballots; replacement; report.
Should official ballots furnished to any precinct in accordance with the provisions of this chapter be lost, destroyed, damaged, or stolen, the county board of elections, upon ascertaining that a shortage of ballots exists in the precinct, shall furnish the needed replacement ballots.
Within three days after the primary or election, the chief judge of the precinct in which the loss occurred shall make a written report, under oath, to the county board of elections describing in detail the circumstances of the loss, destruction, damage, or theft of the ballots."
Sec. 39.  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 chief judge 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 booths.
All voting booths and ballot boxes shall be placed in plain view of the chief judge and judges as well as of the qualified voters present at the voting place.
The chief judge's table shall be placed near the entrance to the voting enclosure.
Each voting booth shall be located and arranged so that it is impossible for a voter in one booth to see a voter in another booth in the act of marking his ballots.  Each voting booth shall be kept properly lighted and provided with pencils or pens for marking ballots.
In precincts in which voting machines are used, ballot boxes and voting booths 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. 40.  G.S. 163-147(a) reads as rewritten:
"(a)	No person or group of persons shall, while the polls are open at the voting place on the day of the primary or election, loiter about, congregate, distribute campaign material, or do any electioneering within the voting place, or within 50 feet in any direction of the entrance or entrances to the building in which the voting place is located.  Notwithstanding the above provision, if the voting place is located in a large building, the chief judge and judges of the precinct may designate the entrance to the voting place within said building and none of the above activity shall be permitted within 50 feet of said entrance or entrances of said voting place. This section shall not, however, prohibit any candidate for nomination or election from visiting such voting place in person, provided he does not enter the voting enclosure except to cast his vote as a registered voter in said precinct.  The county boards of elections and precinct chief judges shall have full authority to enforce the provisions of this section."
Sec. 41.  G.S. 163-148 reads as rewritten:
"§ 163-148.  Procedures at voting place before polls are opened.
At least one-half hour before the time set for opening the polls for each primary and election, the judges of elections and assistants, shall meet the chief judge at the precinct voting place, at which time the chief judge shall administer to them the appropriate oaths set out in G.S. 163-41(a) and G.S. 163-42.
The chief judge and judges shall arrange the voting enclosure according to the requirements of G.S. 163-146 and the instructions of the county board of elections. They shall then unlock the official ballot boxes, see that they are empty, allow authorized observers and other voters present to examine the boxes, and then they shall relock them while still empty. They shall open the sealed packages of ballots, and one of the judges, at the chief judge's request, shall announce that the polls are open and state the hour at which they will be closed.
If voting machines are used in the precinct, immediately before the polls are opened the chief judge and judges shall open each voting machine, examine the ballot labels, and check the counters to see that they are set to indicate that no votes have been cast or recorded; at the same time, the precinct officials shall allow authorized observers and other voters present to examine the machines. If found to be in order and the ballot labels in proper form, the precinct officials shall lock and seal each machine, and it shall remain locked until after the polls are closed."
Sec. 42.  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. 163-116, 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 chief judge 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. 163-116 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 chief judge 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 chief judge 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 booths 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 chief judge. 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 chief judge 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 booth and deposit them in the appropriate boxes or hand them to the chief judge 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 chief judge 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 chief judge and judges of election shall sign the pollbook or other approved record immediately beneath the last voter's name entered therein. The chief judge 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 Booth. – Subject to the provisions of G.S. 163-152 and G.S. 163-152.1, no voter shall be allowed to occupy a voting booth or voting machine already occupied by another voter, provided, however, husbands and wives may occupy the same voting booth if both wish to do so. No voter shall be allowed to occupy a voting booth or voting machine more than five minutes if all the booths or machines are in use and other voters are waiting to obtain booths or machines."
Sec. 43.  G.S. 163-152(a)(2) reads as rewritten:
"(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 chief judge to permit him to have assistance, stating his reasons. If the chief judge 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 chief judge shall thereupon request the person indicated to render the requested aid. The chief judge, 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."
Sec. 44.  G.S. 163-152.1 reads as rewritten:
"§ 163-152.1.  Assistance to blind voters in primaries and elections.
Any blind voter may record a certificate issued by the Department of Human Resources, by an optometrist or by a physician, stating that the named individual should be entitled to assistance as a blind voter. Upon receipt of such certification the appropriate election official shall enter on the voter's registration record the words 'blind voter' so as to establish such fact and so as to entitle such voter to the same assistance in subsequent primaries and elections.  The certification presented to the precinct chief judge, the county board of elections, or the person accepting the application to register shall be forwarded to the chairman of the county board of elections to be filed as a permanent record with the voter's duplicate registration record as required by G.S. 163-65."
Sec. 45.  G.S. 163-153(1) reads as rewritten:
"(1)	Officers of election, that is, members of the State Board of Elections, members of the county board of elections, supervisors of elections, and the precinct chief judge, precinct judges of election, and assistants appointed for the precinct under the provisions of G.S. 163-42."
Sec. 46.  G.S. 163-155 reads as rewritten:
"§ 163-155.  Aged and disabled persons allowed to vote outside voting enclosure.
In any primary or election any qualified voter who is able to travel to the voting place, but because of age, or physical disability and physical barriers encountered at the voting place is unable to enter the voting place or enclosure to vote in person without physical assistance, shall be allowed to vote either in the vehicle conveying such person to the voting place or in the immediate proximity of the voting place under the following restrictions:
(1)	The county board of elections shall have printed and numbered a sufficient supply of affidavits to be distributed to each precinct chief judge which shall be in the following form:
		'Affidavit of person voting outside voting place or enclosure.
		State of North Carolina
		County of _________________
I do solemnly swear (or affirm) that I am a registered voter in _________________ precinct.  That because of age or physical disability I am unable to enter the voting place to vote in person without physical assistance. That I desire to vote outside the voting place and enclosure.
		I understand that a false statement as to my condition will subject me to a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed six months, or both.

_________	_______________
Date	Signature of Voter

_______________
Address

_______________
Signature of assistant
who administered oath.'
(2)	The chief judge shall designate one of the assistants, appointed under G.S. 163-42 to attend the voter. Upon arrival outside the voting place, the voter shall execute the affidavit after being sworn by the assistant. The ballots shall then be delivered to the voter who shall mark the ballots and hand them to the assistant. The ballots shall then be delivered to one of the judges of elections who shall deposit the ballots in the proper boxes. The affidavit shall be delivered to the other judge of election.
(3)	The voter shall be entitled to the same assistance in marking the ballots as is authorized by G.S. 163-152.
(4)	The affidavit executed by the voter shall be retained by the county board of elections for a period of six months. In those precincts using voting machines, the county board of elections shall furnish paper ballots of each kind for use by persons authorized to vote outside the voting place by this section.
(5)	If there is no assistant appointed under G.S. 163-42 to perform the duties required by this section, the precinct chief judge or one of the precinct judges, to be designated by the voter, if he chooses, or, if he does not, by the precinct chief judge, shall perform those duties.
A violation of this section is a Class 2 misdemeanor."
Sec. 47.  G.S. 163-168 reads as rewritten:
"§ 163-168.  Proceedings when polls are closed.
At the time set by G.S. 163-2 for closing the polls on the day of a primary, general or special election, the precinct chief judge shall announce that the polls are closed, but any qualified voters who are then in the process of voting or who are in line at the voting place waiting to vote, whether or not they are within the voting enclosure or voting place boundaries, shall be allowed to vote.
At closing time, the chief judge, or a judge designated by the chief judge, shall enter into the pollbook, on a separate page labeled 'Persons Waiting to Vote at Closing Time in the Primary Election Held the _________ Day of_____________, 19____,' the names of all persons then in line at the voting place waiting to vote, beginning with the person last in line and proceeding to the person first in line at closing time. No persons shall be allowed to vote after closing time unless their names are so listed."
Sec. 48.  G.S. 163-169 reads as rewritten:
"§ 163-169.  Counting ballots at precincts; unofficial report of precinct vote to county board of elections.
(a)	Instructions. – Before each primary and election, the chairman of the county board of elections shall furnish each chief judge written instructions on how ballots shall be marked and counted.  Before starting the counting of ballots in his precinct, the chief judge shall instruct all of the judges, assistants, and ballot counters in how differently marked ballots shall be counted and tallied.
(b)	General Rule. – Only official ballots shall be voted and counted. No official ballot shall be rejected because of technical errors in marking it, unless it is impossible to determine the voter's choice under the rules for counting ballots. Such determination shall be made by the county board of elections if the chief judge and judges are unable to determine the voter's choice, or whether a particular ballot should be counted.
(c)	Right to Witness Precinct Count. – The counting of the ballots in each box shall be made in the presence of the precinct election officials and witnesses and observers who are present and desire to observe the count. Observers shall not interfere with the orderly counting of the ballots.
(d)	Counting to Be Continuous; Precinct Officials Not to Separate. – As soon as the polls are closed the chief judge and judges shall, without adjournment or postponement, open the ballot boxes and count the ballots. The counting of ballots at the precinct shall be continuous until completed. More than one box may be counted at the same time by the precinct officials, assistants, and ballot counters, but the chief judge and judges shall supervise the counting of all boxes and shall be responsible for them. From the time the first ballot box is opened and the count of votes begun until the votes are counted and the statement of returns made out, signed, certified as required by G.S. 163-173, and delivered to the chief judge or judge chosen to deliver them to the county board of elections, the precinct chief judge and judges shall not separate, nor shall any one of them leave the voting place except for unavoidable necessity.
(e)	Counting Primary Ballots. – In a primary election the ballots shall be emptied on a table in full view of the precinct election officials, ballot counters, if used, and witnesses present.  Identically marked ballots may be arranged in orderly piles to be counted.  The results of those counts shall be stated aloud and the totals recorded on the tally sheet. For all other ballots, the name of each candidate voted for shall be read aloud distinctly, and the vote received by each candidate shall be tallied on the tally sheet.  This procedure shall be followed for all boxes being counted.
(f)	Counting General Election Ballots. – In a general election the contents of a ballot box may be emptied upon a table and the ballots divided into two piles:
(1)	All those ballots marked in the circle of one political party to indicate a vote for all of the candidates of that party, that is, 'straight tickets,' which shall be so counted and tallied.
(2)	All those ballots marked for candidates of more than one political party, that is, 'split tickets,' which shall be called and tallied in the manner prescribed for counting primary ballots in subsection (e) of this section.
(g)	Questioned Ballots. – All questions arising with respect to how a ballot shall be counted or tallied shall be referred to the chief judge and judges of election for determination before the completion of the counting of the ballots in the box from which the questioned ballot was taken.
(h)	Unofficial Report of Precinct Returns. – On the night of the primary or election, as soon as the votes have been counted and the precinct returns certified, the chief judge, or one of the judges selected by the chief judge, shall report the total precinct vote for each candidate, constitutional amendment, and proposition by telephone or otherwise to the county board of elections. This report shall be unofficial and shall have no binding effect upon the official county canvass to follow. As soon as the precinct reports are received, the chairman, secretary, or clerk to the county board of elections shall publish the reports to the press, radio, and television.  The costs incurred in executing the provisions of this subsection shall be charged to the operating expense of the county board of elections.
(i)	Absentee Ballots. – Absentee ballots shall be deposited and voted in accordance with the provisions of G.S. 163-234; they shall be counted and tabulated as provided in this section and G.S. 163-170.
(j)	Repealed by Session Laws 1977, c. 265, s. 12."
Sec. 49.  G.S. 163-171 reads as rewritten:
"§ 163-171.  Preservation of ballots; locking and sealing ballot boxes; signing certificates.
When the precinct count is completed after a primary or election, all ballots shall be put back in the ballot boxes from which they were taken, and the chief judge and judges shall promptly lock and place a seal around the top of each ballot box, so that no ballot may be taken from or put in it.  The chief judge and judges shall then sign the seal on each ballot box.  In the alternative, the county board of elections may permit the precinct officials to put the counted ballots back in one ballot box or more to facilitate safekeeping provided the board prescribes an appropriate procedure to keep the different kinds of ballots separated in bundles or bags within the box.
Ballot boxes in which ballots have been placed and which have been locked and sealed as required by the preceding paragraph shall remain in the safe custody of the chief judge, subject to the orders of the chairman of the county board of elections as to their disposition; provided that ballot boxes with paper ballots shall be delivered in person to the office of the county board of elections; provided further that in the case of paper ballots which have been counted either mechanically or electronically either the counting machines with the paper ballots sealed inside shall be delivered in person to the office of the county board of elections, or the paper ballots shall be placed in ballot boxes, sealed, and those boxes shall be delivered in person to the office of the county board of elections.  The ballots and ballot boxes shall be delivered at a time specified by the county board of elections.  No ballot box shall be opened except upon the written order of the county board of elections or upon a proper order of court.
Ballots cast in a primary or general election shall be preserved for at least two months after the primary or general election in which voted.
On each precinct return form there shall be printed a statement to be signed by the chief judge and judges certifying that, after the precinct count was completed, each ballot box was properly locked, sealed, and the seals signed, as prescribed in this section, before the precinct officials left the voting place on the night of the primary or election.
Willful failure to securely lock, seal, and sign the seal on each ballot box on the night of any primary or election, and willful failure to sign the certificate on the duplicate return forms certifying that this was done, shall constitute a Class 2 misdemeanor.
In the event that a recount is requested as provided by law or there is other filing of an appeal of the election results, the county board of elections shall seal and secure the ballots, ballot boxes, and voting machines within a uniform period of time set by the State Board of Elections, to the extent that such actions have not already been taken as required by law.  The aforementioned items shall then be stored in locations that are securely locked by members of the county board of elections.  In counties that utilize voting machines or voting systems the county board of elections shall be required to store in one location that record on which the official vote cast is recorded."
Sec. 50.  G.S. 163-173 reads as rewritten:
"§ 163-173.  How precinct returns are to be made.
In each precinct, when the results of the counting of the ballots have been ascertained they shall be recorded in original and duplicate statements to be prepared, signed, and certified to by the chief judge and judges on forms provided by the county board of elections.
One of the statements of the voting in the precincts shall be placed in a sealed envelope and delivered to the chief judge or a judge selected by the precinct officials for the purpose of delivery to the county board of elections for review at its meeting on the second day after the primary or election. The other copy of the statement shall either be mailed immediately or delivered in person immediately, as directed by the county board of elections, by one of the other two precinct election officials, to the chairman of the county board of elections or the supervisor of elections if authorized by the chairman to receive the statement.
Any chief judge or judge appointed to deliver the certified precinct returns who shall fail to deliver them to the county board of elections by 12:00 noon, on the day the board meets to canvass the returns shall be guilty of a Class 2 misdemeanor, unless the failure resulted from illness or other good cause."
Sec. 51.  G.S. 163-174 reads as rewritten:
"§ 163-174.  Registration and pollbooks to be returned to chairman of county board of elections.
On the day preceding the county canvass or on the day of the county canvass, following each primary and election, as may be directed by the chairman of the county board of elections, the chief judge (or judge appointed to bring in the precinct returns) shall deliver the precinct registration book or records and the pollbook to the chairman of the county board of elections at the time directed by the chairman."
Sec. 52.  G.S. 163-213.7 reads as rewritten:
"§ 163-213.7.  Voting in presidential preference primary; ballots.
The names of all candidates in the presidential preference primary shall appear at an appropriate place on the ballot or voting machine.  In addition the State Board of Elections shall provide a category on the ballot or voting machine allowing voters in each political party to vote an 'uncommitted' or 'no preference' status.  The voter shall be able to cast his ballot for one of the presidential candidates of a political party or for an 'uncommitted' or 'no preference' status, but shall not be permitted to vote for candidates or 'uncommitted' status of a political party different from his registration.  Persons registered as 'Unaffiliated' shall not participate in the presidential primary except as provided in G.S. 163-116."
Sec. 53.  G.S. 163-227.2 reads as rewritten:
"§ 163-227.2.  Alternate procedures for requesting application for absentee ballot; 'one-stop' voting procedure in board office.
(a)	A person expecting to be absent from the county in which he is registered during the entire period that the polls are open on the day of an election in which absentee ballots are authorized or is eligible under G.S. 163-226(a)(2) or 163-226(a)(4) may request an application for absentee ballots, complete the application, receive the absentee ballots, vote and deliver them sealed in a container-return envelope to the county board of elections in the county in which he is registered under the provisions of this section.
(b)	Not earlier than the twenty-fourth day before an election, in which absentee ballots are authorized, in which he seeks to vote and not later than 5:00 P.M. on the Friday prior to that election, the voter shall appear in person only at the office of the county board of elections and request that the chairman, a member, or the supervisor of elections of the board, or an employee of the board of elections, authorized by the board, furnish him with an application form as specified in G.S. 163-227.  The voter shall complete the application in the presence of the chairman, member, supervisor of elections or authorized employee of the board, and shall deliver the application to that person.
(c)	If the application is properly filled out, the chairman, member, supervisor of elections of the board, or employee of the board of elections, authorized by the board, shall enter the voter's name in the register of absentee ballot applications and ballots issued; shall furnish the voter with the instruction sheets called for by G.S. 163-229(c); shall furnish the voter with the ballots to which the application for absentee ballots applies; and shall furnish the voter with a container-return envelope.  The voter thereupon shall comply with the provisions of G.S. 163-231(a) except that he shall deliver the container-return envelope to the chairman, member, supervisor of elections of the board, or an employee of the board of elections, authorized by the board, immediately after making and subscribing the certificate printed on the container-return envelope as provided in G.S. 163-229(b).  All actions required by this subsection shall be performed in the office of the board of elections.  For the purposes of this section only, the chairman, member, supervisor of elections of the board, or full-time employee, authorized by the board shall sign the application and certificate as the witness and indicate the official title held by him or her.  Notwithstanding G.S. 163-231(a), in the case of this subsection, only one witness shall be required on the certificate.
(d)	Only the chairman, member or supervisor of elections of the board shall keep the voter's application for absentee ballots and the sealed container-return envelope in a safe place, separate and apart from other applications and container-return envelopes.  At the first meeting of the board pursuant to G.S. 163-230(2) held after receipt of the application and envelope, the chairman shall comply with the requirements of G.S. 163-230(1) and 163-230(2) b. and c.  If the voter's application for absentee ballots is approved by the board at that meeting, the application form and container-return envelope, with the ballots enclosed, shall be handled in the same manner and under the same provisions of law as applications and container-return envelopes received by the board under other provisions of this Article.  If the voter's application for absentee ballots is disapproved by the board, the board shall so notify the voter stating the reason for disapproval by first-class mail addressed to the voter at his residence address or at the address shown in the application for absentee ballots; and the board chairman shall retain the container-return envelope in its unopened condition until the day of the primary or election to which it relates and on that day he shall destroy the container-return envelope and the ballots therein, without, however, revealing the manner in which the voter marked the ballots.
(e)	The voter shall vote his absentee ballot in a voting booth and the county board of elections shall provide a voting booth 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 booth shall be in the office of the county board of elections.  If the voter needs assistance in getting to and from the voting booth 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.
(f)	Notwithstanding the exception specified in G.S. 163-116, counties which operate a modified full-time office shall remain open five days each week during regular business hours consistent with daily hours presently observed by the county board of elections, commencing with the date prescribed in G.S. 163-227.2(b) and continuing until 5:00 P.M. on the Friday prior to that election or primary.  The boards of county commissioners shall provide necessary funds for the additional operation of the office during such time."
Sec. 54.  G.S. 163-232 reads as rewritten:
"§ 163-232.  Certified list of executed absentee ballots; distribution of list.
The chairman of 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.  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 _____________, 19 ____, which have been approved by the county board of elections. I further certify that I have issued ballots to no other persons than those listed herein, whose original applications or original applications made by near relatives are filed in the office of the county board of elections; and I further certify that I have not delivered ballots for absentee voting to any person other than the voter himself, by mail or in person, except as provided by law, in the case of approved applications received after 5:00 P.M. on the Tuesday or Friday before the election.
This the _____ day of _____________, 19 ____
____________________________
(Signature of chairman of
county board of elections)
Sworn to and subscribed before me this _____ day of _____________, 19 ___. Witness my hand and official seal.
____________________________
(Signature of officer
administering oath)
____________________________
Title of officer)' 
No earlier than 3:00 P.M. on the day before the election and no later than 10:00 A.M. on election day, the chairman shall cause one copy of the list of executed 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. He shall retain one copy in the board office for public inspection and he shall cause two copies of the appropriate precinct list to be delivered to the chief judge of each precinct in the county.  The chairman shall be authorized to call upon the sheriff of the county to distribute the list to the precincts.  In addition the chairman 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. If such person is already recorded as having voted in that election, the chief judge shall enter a challenge which shall be presented to the chairman of the county board of elections for resolution by the board of elections prior to certification of results by the board.
All lists required by this section shall be retained by the county board of elections for a period of four years after which they may then be destroyed."
Sec. 55.  G.S. 163-234(5) reads as rewritten:
"(5)	As each ballot envelope is opened, the board shall cause to be entered into a pollbook designated 'Pollbook of Absentee Voters' the name of the absentee voter. Preserving secrecy, the ballots shall be placed in the appropriate ballot boxes, at least one of which shall be provided for each type of ballot.
		After all ballots have been placed in the boxes, the counting process shall begin.
		If a challenge transmitted to the board on canvass day by a chief judge is sustained, the ballots challenged and sustained shall be withdrawn from the appropriate boxes, as provided in G.S. 163-89(e).
		As soon as the absentee ballots have been counted and the names of the absentee voters entered in the pollbook as required herein, the board members and assistants employed to count the absentee ballots shall each sign the pollbook immediately beneath the last absentee voter's name entered therein.  The chairman shall be responsible for the safekeeping of the pollbook of absentee voters."
Sec. 56.  G.S. 163-251(b) reads as rewritten:
"(b)	Distribution of List. – No earlier than 3:00 P.M. on the day before the election and no later than 10:00 A.M. on election day, the chairman shall cause one copy of the list of executed military absentee ballots, which may be a continuing countywide list or a separate list for each precinct, to be immediately deposited as first-class mail to the State Board of Elections.  The chairman shall retain one copy in the board office for public inspection and he shall cause two copies of the appropriate precinct list to be delivered to the chief judge of each precinct in the county. The chief judge shall post one copy in the voting place and retain one copy until all challenges of absentee ballots have been heard by the county board of elections. Challenges shall be made as provided in G.S. 163-89.
After receipt of the list of absentee voters required by this section the chief judge shall call the name of each person recorded on the list and enter an 'A' in the appropriate voting square on the voter's permanent registration record, if any. If such person is already recorded as having voted in that election, the chief judge shall enter a challenge which shall be presented to the chairman of the county board of elections for resolution by the board of elections prior to certification of results by the board."
Sec. 57.  G.S. 163-251(c) reads as rewritten:
"(c)	List Constitutes Registration. – The 'List of Applicants for Military Absentee Ballots to Whom Ballots Have Been Issued' prescribed by this section, when delivered to the chief judges of the various precincts, shall constitute the only precinct registration of the military absentee voters listed thereon whose names are not already entered in the registration records of the appropriate precinct. Chief judges shall not add the names of persons listed on the military absentee list to the regular registration books of their precincts."
Sec. 58. (a)	G.S. 163-274(1) reads as rewritten:
"(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;".
(b)	G.S. 163-274(2) reads as rewritten:
"(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;".
(c)	G.S. 163-274(4) reads as rewritten:
"(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;".
(d)	G.S. 163-275(8) reads as rewritten:
"(8)	For any chief judge or any clerk or copyist to make any entry or copy with intent to commit a fraud;".
(e)	G.S. 163-275(10) reads as rewritten:
"(10)	For any person to assault any chief judge, judge of election or other election officer while in the discharge of his duty in the registration of voters or in conducting any primary or election;".
(f)	G.S. 163-275(11) reads as rewritten:
"(11)	For any person, by threats, menaces or in any other manner, to intimidate or attempt to intimidate any chief judge, judge of election or other election officer in the discharge of his duties in the registration of voters or in conducting any primary or election;".
(g)	G.S. 163-275(12) reads as rewritten:
"(12)	For any chief judge, judge of election, member of a board of elections, assistant, marker, or other election official, directly or indirectly, to seek, receive or accept money or the promise of money, the promise of office, or other reward or compensation from a candidate in any primary or election or from any source other than such compensation as may be provided by law for his services;".
(h)	This section applies to offenses committed on or after January 1, 1995.
Sec. 59.  G.S. 163-280(c) reads as rewritten:
"(c)	On the Monday following the seventh Saturday before each regular municipal primary or election, the municipal board of elections shall meet and appoint precinct chief judges and judges of elections. The municipal board of elections may then or at any time thereafter appoint a supervisor of elections, who shall have all of the powers and duties of a supervisor of elections to a county board of elections.  The board may hold other meetings at such times and places as the chairman of the board, or any two members thereof, may direct, for the performance of duties prescribed by law.  A majority of the members shall constitute a quorum for the transaction of business."
Sec. 60.  G.S. 163-281 reads as rewritten:
"§ 163-281.  Municipal precinct election officials.
(a)	Chief Judges and Judges. – At the meeting required by G.S. 163-280(c), the municipal board of elections shall appoint one person to act as chief judge and two other persons to act as judges of election for each precinct in the city. Not more than one judge in each precinct where there are registered voters of more than one political party shall belong to the same political party as the chief judge, if the municipal elections are on a nonpartisan or partisan basis. If the city and county precincts are identical and the board so chooses, it may decline to exercise its power to appoint precinct chief judge and judges, in which event the persons appointed by the county board of elections as precinct chief judge and judges in each precinct within the city shall serve as such for municipal elections under authority and subject to the supervision and control of the municipal board of elections. Nothing herein shall prohibit a municipal board of elections from using the chief judge and judges of election appointed by the county board of elections in those precincts which are not identical provided the county board of elections agrees, in writing, to such arrangement.  Chief judges and judges shall be appointed for terms of two years. Except as modified by this Article, municipal precinct chief judge and judges shall meet all of the qualifications, perform all the duties, and have all of the powers imposed and conferred on county precinct chief judge and judges by G.S. 163-41(a), G.S. 163-47, and G.S. 163-48. Municipal precinct chief judge and judges shall not have the powers and duties with respect to registration of voters prescribed by G.S. 163-47(b). Immediately after appointing chief judge and judges as herein provided, the municipal board of elections shall publish the names of the persons appointed in some newspaper having a general circulation in the city, or in lieu thereof, by posting at the city hall or some other prominent place within the city, and shall notify each person appointed of his appointment.  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.
(b)	Assistants at Polls. – Municipal boards of elections shall have the same authority to appoint assistants to aid the chief judge and judges as is conferred on county boards of elections by G.S. 163-42.
(c)	Ballot Counters. – Municipal boards of elections shall have the same authority to appoint ballot counters as is conferred on county boards of elections by G.S. 163-43.
(d)	Markers. – Municipal boards of elections shall not appoint markers, and markers shall not be used in municipal elections.
(e)	Observers. – In cities holding partisan municipal elections, the chairman of each political party in the county shall have the same authority to appoint observers for municipal elections as he has for county elections under G.S. 163-45.
(f)	Compensation. – Precinct officials and assistants appointed under this section shall be paid such sums as the city council may fix. County precinct officials and assistants serving in municipal elections in default of appointment of precinct officials by the municipal board of elections shall be compensated by the city in the sums specified in G.S. 163-46.
(g)	Party Chairman Not to Recommend Persons for Appointment. – No municipal, county, State or national chairman of any political party shall have the right to recommend to the municipal board of elections the name of any person for appointment as a precinct chief judge, judge of elections, assistant or ballot counter.
(h)	Designation of Precincts in Which Officials to Serve. – The municipal board of elections may designate the precinct in which each chief judge, judge, assistant, ballot counter, or observer or other officers of elections shall serve; and, after notice and hearing, may remove any chief judge, judge, assistant, ballot counter, observer, supervisor of elections or other officers of elections appointed by it for incompetency, failure to discharge the duties of office, failure to qualify within the time prescribed by law, fraud, or for any other satisfactory cause.
(i)	Powers and Duties. – Except as otherwise provided in this Chapter, precinct assistants, ballot counters, observers, and supervisors of elections and other officers of elections appointed by the municipal board of elections shall have the same powers and duties with respect to municipal elections as precinct assistants, ballot counters, observers, and supervisors of elections and other officers of elections appointed by county boards of elections."
Sec. 61.  Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41.
Sec. 62.  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. 163-116 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. 163-82.6(c)	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. 63.  G.S. 163-285(3) is repealed.
Sec. 64.  G.S. 163-286 reads as rewritten:
"§ 163-286.  Conduct of municipal and special district elections; application of Chapter 163.
(a)	To the extent that the laws, rules and procedures applicable to the conduct of primary, general and special elections by county boards of elections under Articles 3, 4, 5, 6, 7A, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 22 of this Chapter are not inconsistent with provisions of this Article, those laws, rules and procedures shall apply to municipal and special district elections and their conduct by the board of elections conducting those elections. The State Board of Elections shall have the same authority over all such elections as it has over county and State elections under those Articles.
(b)	Any city, town or incorporated village which elects to conduct its own elections, under the provisions of G.S. 163-285, shall comply with the requirements contained in G.S. 163-280 and G.S. 163-281."
Sec. 65.  G.S. 163-287 reads as rewritten:
"§ 163-287.  Special elections; procedure for calling.
Any city, whether its elections are conducted by the county board of elections or the municipal board of elections, or any special district shall have authority to call special elections as permitted by law. Prior to calling a special election, the city council or the governing body of the special district shall adopt a resolution specifying the details of the election, and forthwith deliver the resolution to the appropriate board of elections.  The resolution shall call on the board of elections to conduct the election described in the resolution and shall state the date on which the special election is to be conducted.  The special election may be held at the same time as any other State, county or municipal primary, election or special election or referendum, but may not otherwise be held within the period of time beginning 30 days before and ending 30 days after the date of any other primary, election, special election or referendum held for that city or special district.
Legal notice of the special election shall be published no less than 45 days prior to the special election. The appropriate board of elections shall be responsible for publishing the legal notice. The notice shall state the date and time of the special election, the issue to be submitted to the voters, and the precincts in which the election will be held. This paragraph shall not apply to bond elections."
Sec. 66.  G.S. 163-288 reads as rewritten:
"§ 163-288.  Registration for city elections; county and municipal boards of elections.
(a)	Regardless of whether the municipal election is conducted by the county board of elections or by a municipal board of elections, the registration record of the county board of elections shall be the official registration record for voters to vote in all elections, city, district, county, State or national.
								."
Sec. 67.  G.S. 163-288.2 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 twenty-fifth day 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 twenty-fifth day 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.
(b)	Only those persons registered pursuant to this section may vote in the referendum or special election, provided, however, that in cases where voters are activated under either Method A or B to vote in a city or special district that annexes territory, the city or special district shall permit them to vote in the city or special district's election and shall, as well, permit other voters to vote in such elections who did not register under the provisions of this section if they are otherwise registered, qualified and eligible to vote in the same."
Sec. 68.  G.S. 163-295 reads as rewritten:
"§ 163-295.  Municipal and special district elections; application of Chapter 163.
To the extent that the laws, rules and procedures applicable to the conduct of primary, general or special elections by county boards of elections under Articles 3, 4, 5, 6, 7A, 8, 9, 10, 11, 12, 13, 14, 15, 19 and 22 of this Chapter are not inconsistent with the provisions of this Article, those laws, rules and procedures shall apply to municipal and special district elections and their conduct by the board of elections conducting those elections.  The State Board of Elections shall have the same authority over all such elections as it has over county and State elections under those Articles."
Sec. 69.  G.S. 163-132.1, which was enacted by Section 205(a) of Chapter 757 of the 1985 Session Laws (First Session 1985) and was repealed by Section 2 of Chapter 1074 of the 1987 Session Laws (Regular Session 1988) is reenacted and reads as rewritten:
"§ 163-132.1.  Participation in Block Boundary Suggestion Program of the United States Bureau of the Census. – The State of North Carolina shall participate in the Block Boundary Suggestion Program of the United States Bureau of the Census to the end that the maps the Census Bureau will use in the 2000 Census will contain adequate features to permit reporting of Census data by precinct for use in the 2001 redistricting efforts. Not later than December 1, 1995, the Legislative Services Office shall send preliminary maps produced by the Census Bureau in preparation for the 2000 Census to the county boards of elections to determine which of their precincts have boundaries that are not coterminous with a physical feature, a current township boundary, or a current municipal boundary, as shown on those preliminary 2000 Census maps. The Legislative Services Office shall:
(1)	assist county boards of elections in identifying the precincts with boundaries not shown on the preliminary Census maps and in identifying physical features the county boards may wish to have available for future precinct boundaries;
(2)	place those boundaries and features on maps deemed appropriate by the State Board;
(3)	request the U.S. Census Bureau to hold for census block identification in the 2000 U.S. Census all physical features the county boards have identified as current or potential precinct boundaries; and
(4)	request the U.S. Census Bureau to hold for census block identification in the 2000 U.S. Census all other physical features already on U.S. Census Bureau maps.
In addition to the directives promulgated by the Executive Secretary-Director of the State Board of Elections under G.S. 163-132.4, the Legislative Services Commission may promulgate rules to implement this section."
Sec. 70.  G.S. 163-132.2(a)(1)c. reads as rewritten:
"c.	The following visible physical features, readily distinguishable upon the ground: 
1.	Roads or streets;
2.	Water features or drainage features;
3.	Ridgelines;
4.	Ravines;
5.	Jeep trails;
6.	Rail features; 
7.	Above-ground power lines; or
8.	Major footpaths
	as certified by the North Carolina Department of Transportation on its highway maps or the county manager of the relevant county or, if there is no county manager, the chair of the county board of commissioners, on official county maps."
Sec. 71.  G.S. 163-132.3(a)(3) reads as rewritten:
"(3)	The following visible physical features, readily distinguishable upon the ground: 
a.	Roads or streets;
b.	Water features or drainage features;
c.	Ridgelines;
d.	Ravines;
e.	Jeep trails;
f.	Rail features; 
g.	Above-ground power lines; or
h.	Major footpaths
	as certified by the North Carolina Department of Transportation on its highway maps or the county manager of the relevant county or, if there is no county manager, the chair of the county board of commissioners, on official county maps."
Sec. 72.  Notwithstanding the language of G.S. 163-72.4(c), a voter registration application is valid if, before January 1, 1995, the applicant submits the form by mail or in person.  The applicant may delegate the submission of the form to another person. The form shall be valid only if signed by the applicant.  Before January 1, 1995, in order to be valid for an election, the form:
(1)	If submitted by mail, must be postmarked at least 29 days before the election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 25 days before the election,
(2)	If submitted in person (by the applicant or another person), must be received by the county board of elections by 5:00 p.m. on the twenty-ninth day before the election.
Sec. 73.  Sections 1 through 68 of this act become effective January 1, 1995, and apply to all primaries and elections occurring on or after that date.  The remainder of this act is effective upon ratification and shall apply to all primaries and elections occurring on or after the date of ratification.  Prosecutions for, or sentences based on, offenses occurring before the effective date of any section of this act are not abated or affected by this act and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences.  G.S. 163-82.20(a)(3) and G.S. 163-82.20(b1) as enacted in Section 2 of this act expire January 1, 1996.
In the General Assembly read three times and ratified this the 16th day of July, 1994.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives