GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 858
Committee Substitute Favorable 5/3/95

Short Title:  Open Primaries.	(Public)

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Sponsors:

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Referred to:  

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO ALLOW REGISTERED VOTERS TO CHOOSE ON PRIMARY DAY THE PARTY IN WHOSE PRIMARY THEY WILL VOTE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-119 is repealed.
Sec. 2. Article 10 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-120. Voting in party primary.
Any registered voter, regardless of party affiliation, may vote in the primary of any party by announcing the intention to vote in that party's primary under G.S. 163-150(a)	or G.S. 163-226.1. The voter's choice of a party in the first primary shall not restrict that voter's choice of a party in the second primary. The choice of the voter as to which party primary in which to vote shall be confidential. Neither the county board of elections nor the State Board of Elections shall reveal to any person or maintain a record of the party in whose primary any voter chose to vote."
Sec. 3.  G.S. 163-82.4(c) reads as rewritten:
"(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 be eligible to vote in any political party primary, and a registrant of one party shall be eligible to vote in the primary of another party. The application form shall so state."
Sec. 4. G.S. 163-82.10 reads as rewritten:
"§ 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, except that no list shall reveal the party in whose primary any voter chose to vote. 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, except that no list shall reveal the party in whose primary any voter chose to vote. 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."
Sec. 5.  G.S. 163-82.13 reads as rewritten:
"§ 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, except that no list shall reveal the party in whose primary any voter chose to vote. 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, except that no list shall reveal the party in whose primary any voter chose to vote. 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."
Sec. 6.  G.S. 163-82.17 reads as rewritten:
"§ 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 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. 
(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. 
	(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."
Sec. 7.  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.
	If a person is challenged under this section, 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. 8.  G.S. 163-90.2 reads as rewritten:
"§ 163-90.2. Action when challenge sustained, overruled, or dismissed.
(a)	When any challenge is sustained for any cause listed under G.S. 163-85(c), the board shall cancel the voter registration of the voter and shall remove his card from the book, but shall maintain such record for at least six months and during the pendency of any appeal.
		(c) When any challenge made under G.S. 163-85 is overruled or dismissed, the board shall erase the word 'challenged' which appears on the person's registration records.
(d)	A decision by a county board of elections on any challenge made under the provisions of this Article shall be appealable to the Superior Court of the county in which the offices of that board are located within 10 days. Only those persons against whom a challenge is sustained or persons who have made a challenge which is overruled shall have standing to file such appeal."
Sec. 9.  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 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 in whose primary he wishes to vote. No 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.
(f1)	No Record of Voter's Choice of Primary. – No entry shall be made on the pollbook or other voting record revealing the party in whose primary a voter chose to vote.
(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. 10.  G.S. 163-226.1 reads as rewrittten:
"§ 163-226.1. Absentee voting in primary.
A qualified voter may vote by absentee ballot in a statewide or countywide primary of any party, provided that:
(1)	That voter, or a person authorized to make a request for that voter, indicates in the required request for an application for an absentee ballot the intention to vote in that party's primary; or
(2)	That voter announces the intention to vote in that party's primary at the time of appearing to vote under G.S. 163-227.2.
The voter's choice of a party in the first primary shall not restrict that voter's choice of a party in the second primary. Neither the county board of elections nor the State Board of Elections shall maintain a record of the party in whose primary any voter chose to vote. The State Board of Elections shall promulgate rules and prescribe forms and procedures to carry out the requirements of this section."
Sec. 11.  G.S. 163-247 reads as rewritten:
"§ 163-247. Methods of applying for absentee ballots.
An individual entitled to exercise the rights conferred by this Article and who is absent from the county of his residence may apply for absentee ballots in either of the ways provided in this section.
(1)	Federal Postcard Application Form. – At any time prior to the statewide primary or general election in which he seeks to vote, the applicant may make and sign a written application to the County Board of Election[s] in County of Voter's Residence for absentee ballots on the postcard form  specified in or promulgated by regulation under 42 U.S.C. 1973cc-14.
(2)	Application to Chairman of County Board of Elections. – In lieu of applying on the federal post card as provided in the preceding subdivision, at any time prior to the statewide primary or general election in which he seeks to vote the applicant may make and sign a written application to the chairman of the board of elections of the county of his residence upon a form prepared and furnished him upon request by the county board of elections. This form shall require the applicant's signature and shall elicit from him:
a.	A request for absentee ballots to be voted in a specified statewide primary or general election.
b.	A statement of the political party in whose primary the applicant seeks to vote by absentee ballot in a primary election.
c.	A statement of his membership in the armed forces of the United States, or his membership in one of the other categories to which this Article is made applicable in G.S. 163-245.
d.	A statement of the precinct in which he is registered to vote, or, if the applicant is not registered, a statement of his address before entering military or other qualifying service and the period of time he resided at that address.
e.	A statement of the address to which the absentee ballots should be mailed.
		In lieu of using a form prepared and furnished by the county board of elections, the voter may apply in an informal writing. If the written application is signed by the voter and if it contains all the information required by this subdivision, it shall be regarded as sufficient to permit the chairman of the county board of elections to act upon it.
(3)	Notwithstanding subdivisions (1) or (2) of this section, if the application under either of those subdivisions so requests, it shall constitute an application for more than one or for all of the primaries and elections held during the calendar year when the application is received."
Sec. 12.  G.S. 163-249(1) reads as rewritten:
"(1)	Record of Applications Received and Ballots Issued. – Upon receipt of a voter's written application for absentee ballots in either of the forms permitted by G.S. 163-247, the chairman of the county board of elections shall promptly enter in the register of military absentee ballot applications and ballots issued:
a.	Name of voter applying for absentee ballots.
b.	The political party in whose primary the applicant seeks to vote in a primary election.
c.	Number assigned voter's application. (Numbers assigned applications received under the provisions of this Article shall be chosen so as not to be identical with numbers assigned applications received under the provisions of Article 20.)
d.	Precinct in which applicant is registered if he is already registered, or precinct in which applicant is registered by the chairman of the county board of elections under the provisions of subdivisions (2) and (3) of this section.
e.	Address to which ballots are to be mailed.
f.	Statement of basis on which applicant asserts his qualifications for obtaining absentee ballots under the provisions of this Article.
g.	Date application for ballots is received by chairman."
Sec. 13. This act becomes effective January 1, 1996, and applies to all primaries and elections held on or after that date.