GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 203
Corrected Copy 3/24/95

Short Title:  Eliminate Straight-Ticket Voting.	(Public)

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Sponsors: Representatives Cummings; Allred, Cansler, Clary, Cocklereece, Davis, Ellis, Grady, Hayes, Linney, K. Miller, Mitchell, Nichols, Pate, Reynolds, Sexton, Shubert, Snowden, Watson, Weatherly, G. Wilson, and Wood.

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Referred to:  Judiciary II.

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February 16, 1995

A BILL TO BE ENTITLED
AN ACT TO ELIMINATE STRAIGHT-TICKET VOTING, BY WHICH A VOTER CAN MARK ONE CIRCLE TO CAST VOTES FOR ALL THE CANDIDATES OF A PARTY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-140 reads as rewritten:
"§ 163-140.  Kinds of ballots; what they shall contain; arrangement.
(a)	Kinds of General Election Ballots; Right to Combine. – For purposes of general elections, there shall be seven kinds of official ballots entitled:
(1)	Ballot for presidential electors
(2)	Ballot for United States Senator
(3)	Ballot for member of the United States House of Representatives
(4)	State ballot
(5)	County ballot
(6)	Repealed by Session Laws 1973, c. 793, s. 56.
(7)	Ballot for constitutional amendments and other propositions submitted to the people.
Use of official ballots shall be limited to the purposes indicated by their titles. The printing on all ballots shall be plain and legible but, unless large type is specified by this section, type larger than 10-point shall not be used in printing ballots. All general election ballots shall be prepared in such a way as to leave sufficient blank space beneath each name printed thereon in which a voter may conveniently write the name of any person for whom he may desire to vote.
The board of elections, State or county, charged by law with printing ballots may, in its discretion, combine any two or more official ballots. Whenever two or more ballots are combined, the voting instructions for the State ballot set out in subsection (b)(4) of this section shall be used.
If the State Board of Elections divides the State ballot into two or more ballots, all candidates for superior court shall appear on the same ballot except that the State Board of Elections may divide the election of superior court judges into two ballots either because of length of the ballot but only superior court judges shall be on those ballots, and all candidates for the Appellate Division shall appear on the same ballot.
(b)	General Election Ballots. –
(1)	Ballot for Presidential Electors: On the ballot for presidential electors there shall be printed, under the titles of the offices, the names of the candidates for President and Vice-President of the United States nominated by each political party qualified under the provisions of G.S. 163-96, and the names of the unaffiliated candidates for President and Vice-President qualified under the provisions of G.S. 163-122 and G.S. 163-209. A separate column shall be assigned to each political party with candidates on the ballot, and a separate column shall be assigned to each pair of unaffiliated candidates for President and Vice-President, if any, and the columns shall be separated by distinct black lines. At the head of each party column the party name shall be printed in large type and below it a circle, one-half inch in diameter, and below the circle the names of the party's candidates for President and Vice-President in that order. At the head of the columns for unaffiliated candidates shall be printed in large type the words 'Unaffiliated Candidates', and below it a circle, one-half inch in diameter, and below the circle the names of a pair of unaffiliated candidates for President and Vice-President. On the face of the ballot, above the party column division, the following instructions shall be printed in heavy black type:
a.	To vote this ballot, make a cross (X) mark in the circle below the name of the political party for whose candidates you wish to vote or below the heading for the unaffiliated candidates for whom you wish to vote.
b.	A vote for the names of a political party's candidates for President and Vice-President is a vote for the electors of that party, and a vote for the names of unaffiliated candidates for President and Vice-President is a vote for electors named by the unaffiliated candidate for President, the names of whom are on file with the Secretary of State.
c.	If you tear or deface or wrongly mark this ballot, return it and get another.
	On the bottom of the ballot shall be printed an identified facsimile of the signature of the Chairman of the State Board of Elections.
		(2)	Ballot for United States Senator: Beneath the title and general instructions set out in this subsection, the ballot for United States Senator shall be divided into parallel columns separated by distinct black lines. The State Board of Elections shall assign a separate column to each political party having a candidate for the office and one to unaffiliated candidates, if any. At the head of each party column the party's name shall be printed in large type, and at the head of the column for unaffiliated candidates shall be printed in large type the words 'Unaffiliated Candidates.' The name of each political party's candidate for United States Senator shall be printed in the appropriate party column, and the names of unaffiliated candidates for the office shall be printed in the column headed 'Unaffiliated Candidates.' At the left of each name shall be printed a voting square, and in each column all voting squares shall be arranged in a perpendicular line. On the face of the ballot, above the party and unaffiliated column division, the following instructions shall be printed in heavy black type:
'a.	Vote for only one candidate.
b.	If you tear or deface or wrongly mark this ballot, return it and get another.'
		On the bottom of the ballot shall be printed an identified facsimile of the signature of the Chairman of the State Board of Elections.
						(3)	Ballot for Member of the United States House of Representatives: Beneath the title and general instructions set out in this subsection, the congressional district ballot for member of the United States House of Representatives shall be divided into parallel columns separated by distinct black lines. The State Board of Elections shall assign a separate column to each political party having a candidate for the office and one to unaffiliated candidates, if any. At the head of each party column the party's name shall be printed in large type, and at the head of the column for unaffiliated candidates shall be printed in large type the words 'Unaffiliated Candidates.' The name of each political party's candidate for member of the United States House of Representatives from the congressional district shall be printed in the appropriate party column, and the names of unaffiliated candidates for the office shall be printed in the column headed 'Unaffiliated Candidates.' At the left of each name shall be printed a voting square, and in each column all voting squares shall be arranged in a perpendicular line. On the face of the ballot, above the party and unaffiliated column division, the following instructions shall be printed in heavy black type:
'a.	Vote for only one candidate.
b.	If you tear or deface or wrongly mark this ballot, return it and get another.'
		On the bottom of the ballot shall be printed an identified facsimile of the signature of the Chairman of the State Board of Elections.
						(4)	State Ballot: Beneath the title and general instructions set out in this subsection, the ballot for single-seat contests for State officers, and for all State officers where mechanical voting machines are used (including judges of the superior court) shall be divided into parallel columns separated by distinct black lines. The State Board of Elections shall assign a separate column to each political party having candidates for State offices and one to unaffiliated candidates, if any. At the head of each party column the party's name shall be printed in large type, and at the head of the column for unaffiliated candidates shall be printed in large type the words 'Unaffiliated Candidates.' With distinct black lines, the State Board of Elections shall divide the columns into horizontal sections and, in the customary order of office, assign a separate section to each office or group of offices to be filled. On a single line at the top of each section shall be printed a direction as to the number of candidates for whom a vote may be cast. If candidates are to be chosen for different terms to the same office, the term in each instance shall be printed as part of the title of the office.
		The name or names of each political party's candidate or candidates for each office listed on the ballot shall be printed in the appropriate office section of the proper party column, and the names of unaffiliated candidates shall be printed in the appropriate office section of the column headed 'Unaffiliated Candidates.' At the left of each name shall be printed a voting square, and in each column all voting squares shall be arranged in a perpendicular line.
		On the face of the ballot, above the party and unaffiliated column division, the following instructions shall be printed in heavy black 
				type:  If you tear or deface or wrongly mark this ballot, return it and get another.'
		On the bottom of the ballot shall be printed an identified facsimile of the signature of the Chairman of the State Board of Elections. 
(5)	County Ballot: Beneath the title and general instructions set out in this subsection, the ballot for single-seat contests for county officers (including district attorney for the prosecutorial district in which the county is situated, district judge for the district court district in which the county is situated, and members of the General Assembly in the senatorial and representative districts in which the county is situated), and for all county offices where mechanical voting machines are used, shall be divided into parallel columns separated by distinct black lines. The county board of elections shall assign a separate column to each political party having candidates for the offices on the ballot and one to unaffiliated candidates, if any. At the head of each party column the party's name shall be printed in large type and at the head of the column for unaffiliated candidates shall be printed in large type the words 'Unaffiliated Candidates.' With distinct black lines, the county board of elections shall divide the columns into horizontal sections and, in the customary order of office, assign a separate section to each office or group of offices to be filled. On a single line at the top of each section shall be printed the title of the office, and directly below the title shall be printed a direction as to the number of candidates for whom a vote may be cast. If candidates are to be chosen for different terms to the same office, the term in each instance shall be printed as part of the title of the office.
		The name or names of each political party's candidate or candidates for each office listed on the ballot shall be printed in the appropriate office section of the proper party column, and the names of unaffiliated candidates shall be printed in the appropriate office section of the column headed 'Unaffiliated Candidates.' At the left of each name shall be printed a voting square, and in each column all voting squares shall be arranged in a perpendicular line.
		On the face of the ballot, above the party and unaffiliated column division, the following instructions shall be printed in heavy black 
				type: If you tear or deface or wrongly mark this ballot, return it and get another.'
		On the bottom of the ballot shall be printed an identified facsimile of the signature of the chairman of the county board of elections. 
(6)	Repealed by Session Laws 1973, c. 793, s. 56.
(7)	Ballot for Constitutional Amendments and Other Propositions Submitted to the People: The form of ballot used in submitting a constitutional amendment or other proposition or issue to the voters of the entire State shall be prepared by the State Board of Elections and approved by the Attorney General. The form of ballot used in submitting propositions and issues to the voters of a single county or subdivision shall be prepared by the county board of elections. In a referendum the issue presented to the voters with respect to each constitutional amendment, question, or proposition, shall be printed in the form laid down by the General Assembly or other body submitting it. If more than one amendment, question, or proposition is submitted on a single ballot, each shall be printed in a separate section, and the sections shall be numbered consecutively. On the face of the ballot, above the issue or issues being submitted, shall be printed instructions for marking the voter's choice, in addition to the following instruction: 'If you tear or deface or wrongly mark this ballot, return it and get another.' On the bottom of the ballot shall be printed an identified facsimile of the signature of the chairman of the responsible board of elections, State or county.
(8)	Order of candidates in multi-seat races. In a multi-seat race, within each political party that has nominated more than one candidate, the names of candidates shall appear on the ballot in alphabetical order from A to Z within that party's column.
(c)	Primary Election Ballots. –
(1)	Kinds of Primary Ballots; Right to Combine: For the purposes of primary elections, there shall be five kinds of official ballots, entitled:
a.	Primary ballot for United States Senator
b.	Primary ballot for member of the United States House of Representatives
c.	State primary ballot
d.	County primary ballot
e.	Repealed by Session Laws 1973, c. 793, s. 56. 
		Use of official primary ballots shall be limited to the purposes indicated by their titles. The printing on all primary ballots shall be plain and legible but, unless large type is specified by this Chapter, type larger than 10-point shall not be used in printing primary ballots.
		Primary ballots shall be prepared in accordance with the provisions of G.S. 163-109 and the provisions of this section as modified by the provisions of this subsection.
(2)	Separate Ballots for Each Political Party: For each political party conducting a primary election separate ballots shall be printed, and the paper used for each party's ballots shall be different in color from that used for the ballots of other parties. Primary ballots shall not provide for voting a straight-party ticket, but a voting square shall be printed to the left of the name of each candidate appearing on the ballot.
(3)	Rotation of Positions on Ballots Among Candidates: The board of elections, State or county, responsible for printing and distributing primary election ballots shall have them printed so that the names of opposing candidates for any office shall, as far as practicable, occupy alternate positions upon the ballot, to the end that the name of each candidate shall occupy with reference to the name of every other candidate for the same office, first position, second position, and every other position, if any, upon an equal number of ballots; and the ballots shall be distributed among the precinct voting places impartially and without discrimination.
(4)	Facsimile Signatures: On the bottom of each primary ballot shall be printed an identified facsimile of the signature of the chairman of the board of elections, State or county, responsible for its preparation.
(d)	Municipal Primary and Election Ballots. – In all municipal elections there shall be an official ballot on which shall be printed the names of all candidates for offices in the municipality. The municipal ballot shall conform as nearly as possible to the provisions of subsections (a) through (c) of this section, but on the bottom of the municipal ballot shall be printed an identified facsimile of the signature of the chairman of the county or municipal board of elections, as appropriate.
(e)	Repealed by Session Laws 1977, c. 265, s. 10.
								."
Sec. 2.  G.S. 163-151 reads as rewritten:
"§ 163-151. Marking ballots in primary and election.
The voter shall adhere to the following rules and those instructions printed on the ballot in marking his ballots:
(1)	How Ballots to Be Marked. – In both primaries and elections, a voter may designate his choice of candidates by making a cross mark (X), a check mark, or some other clear indicative mark in the appropriate voting square or circle.
(2)	No More Names to Be Marked Than Positions to Be Filled. – In both primaries and elections, a voter should not mark more names for any office than there are positions to be filled by election.
(3)	Stickers, Rubber Stamps, etc., Prohibited. – A voter should not affix a sticker to a ballot, mark a ballot with a rubber stamp, attach anything to a ballot, wrap or fold anything in a ballot or do anything to a ballot except to mark it properly with a pencil or pen.
(4) 	Straight Ticket. – In an election, but not a primary, if the voter desires to vote for all candidates of one political party (a straight ticket), he shall:
	b.	Mark in the voting square at the left of the name of every candidate printed on the ballot in the party column for whom he desires to vote.
				(6)	Write-In Votes. –
a.	In an election but not in a primary, if a voter desires to vote for a person whose name is not printed on the ballot, he shall write in the name of the person in the space immediately beneath the name of a candidate, if any, printed on the ballot for that particular office. The voter shall write the name himself unless he is entitled to assistance under G.S. 163-152, in which case the person giving assistance may write in the name at the request of the voter.
b.	The voter should not write in a name of a person whose name appears as a candidate of a political party or as an unaffiliated candidate. If the voter writes in the name of a candidate printed on the ballot of any party, the write-in shall not be counted.
		e.	No voter shall write the name of any person on a primary ballot.
	."
Sec. 3.  G.S. 163-170 reads as rewritten:
"§ 163-170.  Rules for counting ballots.
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. In applying the general rule, all election officials shall be governed by the following rules:
(1)	When Impossible to Determine Voter's Choice for Office. – If for any reason it is impossible to determine a voter's choice for an office, the ballot shall not be counted for that office but shall be counted for all other offices.
(2)	When Ballot Marked for More Names Than There are Positions to Be Filled. – If a ballot is marked for more names than there are positions to be filled, it shall not be counted for that office but shall be counted for all other offices.
(3)	When Ballot Defaced or Torn. – If a ballot has been defaced or torn by a voter so that it is impossible to determine the voter's choice for one or more offices, it shall not be counted for such offices but shall be counted for all offices for which the voter's choice can be determined.
(4)	When Voter Has Affixed Sticker, etc., or Otherwise Improperly Treated Properly Marked Ballot. – If a voter has properly marked the voting square with pen or pencil, and also has affixed a sticker to a ballot, or marked a ballot with a rubber stamp, attached anything to a ballot, wrapped or folded anything in a ballot, or done anything to a ballot other than mark it properly with pen or pencil, it shall be counted unless such action by the voter makes it impossible to determine the voter's choice.
(5)	Write-In Votes. – If a name has been written in on an official general election ballot as provided in G.S. 163-151, it shall be counted in accordance with the following rules:
a.	The name written in shall not be counted unless written in by the voter or a person authorized to assist the voter pursuant to G.S. 163-152.
b.	The name shall be written in immediately below the name of a candidate for a particular office, if any, and shall be counted as a vote for the person whose name has been written in for that office. If the voter has made a mark to the left of the name written in, or checked in the square beside the name of a candidate below whose name the write-in appears, or if the voter strikes out, marks through or crosses out the name printed above the write-in, such action by the voter shall not serve to invalidate the ballot or the vote for the person whose name was written in for that particular office.
c.	If the person whose name was written in appears as a candidate of a political party or as an unaffiliated candidate for any office, the write-in shall be ignored and the ballot shall be counted as though no write-in appeared for such office.
								(7)	Voting a Straight Ticket. – If a voter desires to vote for all candidates of one political party, a straight ticket, he shall 
	b.	Mark the voting squares at the left of the name of every candidate of the same party printed on the 
	ballot.
	The ballot shall be counted as a straight ticket and counted as a vote for every candidate whose name is printed in the party column."
Sec. 4.  This act becomes effective with respect to elections held on or after January 1, 1996.