GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 922
Committee Substitute Favorable 5/4/95

Short Title:  Election Reform Legislation.	(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 REFORM THE ELECTION LAWS.
The General Assembly of North Carolina enacts:

–ABOLISH THE STATUTORY REQUIREMENT THAT A CANDIDATE FOR SUPERIOR COURT BE A RESIDENT OF THE DISTRICT AT THE TIME OF FILING.
Section 1.  G.S. 163-106(i) is repealed.

–REQUIRE THE GOVERNOR IN APPOINTING SPECIAL JUDGES TO GIVE PREFERENCE TO PERSONS ELECTED IN STATEWIDE ELECTIONS BUT DEFEATED IN DISTRICT ELECTIONS.
Sec. 2.  (a)	G.S. 7A-45.1 is amended by adding a new subsection to read:
"( a1)	In appointing special superior court judges pursuant to this section, the Governor may only appoint a person who was elected in the most recent statewide general election for superior court judge but was defeated in the district election.  If no eligible person accepts the appointment, the judgeship is abolished."
(b)	This section is effective upon ratification, and applies to special superior court judges appointed on or after that date.

–PROVIDE FOR A CONFIRMATION BY THE GENERAL ASSEMBLY OF APPOINTMENT OF THE EXECUTIVE SECRETARY-DIRECTOR OF THE STATE BOARD OF ELECTIONS.
Sec. 3.  (a)	G.S. 163-27 reads as rewritten:
"§ 163-27.  Executive Secretary-Director to be appointed by Board.
The term of office of the Executive Secretary-Director of the State Board of Elections expires July 1, 1995, unless removed for proper cause, and thereafter the Board shall, subject to confirmation by the General Assembly, appoint an Executive Secretary-Director for a term of two years with compensation to be determined by the Office of State Personnel. He shall serve, unless removed for cause, until his successor is appointed. Such Executive Secretary-Director shall be responsible for staffing, administration, execution of the Board's decisions and orders and shall perform such other responsibilities as may be assigned by the Board. In the event of a vacancy, the vacancy shall be filled for the remainder of the term.
No person shall serve until confirmed by joint resolution of the General Assembly, unless the vacancy occurs after the General Assembly has adjourned sine die or for more than 10 days and has not reconvened.  If the vacancy occurs after the General Assembly has adjourned sine die or for more than 10 days and has not reconvened, the State Board of Elections shall appoint a replacement who shall assume office and serve until no later than the sixtieth calendar day following the next day either house of the General Assembly is in session; except that this sentence does not operate to extend that term of office and that term still expires on the date provided by law.  For such person to continue in office after that sixtieth day, the appointment must be confirmed by joint resolution of the General Assembly.  If the joint resolution has not been ratified by that date, the appointee vacates the office, the person does not hold over, and the person may not be reappointed to fill the vacancy during the remainder of that term of office.
The State Board of Elections may appoint an acting officer under the same procedures as the Governor under G.S. 147-12(3)	without confirmation by the General Assembly, but that person may not serve:
a.	For more than 60 calendar days if the vacancy occurs while the General Assembly is in session;
b.	After the sixtieth calendar day following the next day either house of the General Assembly is in session if the vacancy occurs after the General Assembly has adjourned sine die or for more than 10 days and has not reconvened; or
c.	If that person is prevented from serving by the last sentence of the previous paragraph of this section."
(b)	This section applies with respect to terms of office beginning on or after May 15, 1995, and any vacancies occurring before that date regardless of the date of commencement of the term.

–PROVIDE THAT PRECINCT OFFICIALS AND OBSERVERS NEED ONLY BE RESIDENTS OF THE COUNTY RATHER THAN THE PRECINCT.
Sec. 4.  (a)	G.S. 163-41(a) 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 county in which the precinct is located, 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 county in which the precinct is located, 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 the county in which that precinct is located 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)	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 county in which the precinct is located. 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 county.
The chairman of each political party in the county shall have the right to recommend from three to 10 registered voters of the county for appointment as precinct assistants in a 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."
(c)	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 the county in which the precinct is located.
	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."
(d) 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 county where the precinct for which appointed is located 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."
(e) 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).
The chief judge, judge, or assistant, or observer appointed under G.S. 163-45 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge, judge, or observer.
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."

–ALLOW PARTIES TO OPEN THEIR PRIMARIES TO VOTERS OF THE OTHER PARTY AND TO ALLOW PARTIES TO PERMIT UNAFFILIATED VOTERS OR VOTERS AFFILIATED WITH OTHER PARTIES TO BE CANDIDATES OF THEIR PARTY.
Sec. 5.  (a) G.S. 163-119 reads as rewritten:
"§ 163-119.  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 October preceding a primary, provided that:
(1)	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); and
(2)	A voter affiliated with another party may vote in the primary of that party, a voter affiliated with another party 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 October preceding the primary where the withdrawal is to become effective."
(b)	G.S. 163-150(a) reads as rewritten:
"(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 a voter permitted to vote in the primary of a particular party under G.S. 163-119, 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."
(c)	G.S. 163-150(b) reads as rewritten:
"(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 voters who are permitted to vote in a party primary under G.S. 163-119 shall be furnished ballots for that primary.  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."
(d) 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 not be eligible to vote in any political party primary, except as provided in G.S. 163-119, but may vote in any other primary or general election.  A person affiliated with one political party may vote in the primary of another political party if authorized by that party under G.S. 163-119. The application form shall so state."
(e)  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 a voter voting in the primary under G.S. 163-119.
	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."
(f) G.S. 163-226.1 reads as rewritten:
"§ 163-226.1.  Absentee voting in primary.
A qualified voter may vote by absentee ballot in a statewide or countywide primary provided he is affiliated, at the time he makes application for absentee ballots, with the political party in whose primary he wishes to vote, or if that party allows the voter to vote in its primary under G.S. 163-119. The official registration records of the county in which the voter is registered shall be proof of whether he is affiliated with a political party and of the party, if any, with which he is affiliated."
(g)  G.S. 163-106(b) reads as rewritten:
"(b)	Eligibility to File. –Except as provided by this subsection, 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. Except as provided by this subsection, 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.
Except as provided by this subsection, a person registered as 'unaffiliated' shall be ineligible to file as a candidate in a party primary election.
A political party may, by action of its State Executive Committee reported to the State Board of Elections by resolution delivered no later than the first day of October preceding a primary, provide that:
(1)	An unaffiliated voter may be a candidate of that party; and
(2)	A voter affiliated with another party may be a candidate of that party.
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 October preceding the primary where the withdrawal is to become effective."
(h) This section becomes effective January 1, 1996, and applies to all primaries and elections held on or after that date, except that parties may adopt resolutions under G.S. 163-106(b) and G.S. 163-119 as amended by this section at any time after ratification of this act.

–ALLOW CHANGE-OF-ADDRESS NOTICES FROM THE NATIONAL CHANGE OF ADDRESS SYSTEM OF THE UNITED STATES POSTAL SERVICE TO BE USED AS EVIDENCE IN VOTER CHALLENGES.
Sec. 6.  (a) G.S. 163-85(e) reads as rewritten:
"(e)	Prima Facie Evidence That Voter No Longer Resides in Precinct. – The presentation of a letter mailed by returnable first-class mail to the voter at the address listed on the voter registration card and returned because the person does not live at the address shall constitute prima facie evidence that the person no longer resides in the precinct.  The presentation of change-of-address information supplied by the United States Postal Service through its licensees showing that a voter's address is no longer in the precinct is prima facie evidence that the person no longer resides in the precinct unless that change-of-address notice is temporary."
(b)	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 the county board of elections has change-of-address information supplied by the United States Postal Service through its licensees showing that a voter's address is no longer in the precinct, it may supply that information to the chief judge of the precinct that the voter is registered in, and if a challenge is entered under this section, that information is prima facie evidence that the person no longer resides in the precinct unless that change-of-address notice is temporary.
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."
(c)	This section becomes effective January 1, 1996.

–REQUIRE VOTERS TO SIGN THE POLLBOOK BEFORE VOTING.
Sec. 7.  (a)	G.S. 163-150(a) reads as rewritten:
"(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. 163-119, 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. If the chief judge states that the person is duly registered, the person shall sign the pollbook in accordance with subsection (f) of this section before voting."
(b)	G.S. 163-150(f) reads as rewritten:
"(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 the voter, before voting, shall sign his or her name on the pollbook or other voting record, unless the voter shall be unable to sign his or her name, in which event the voter's name shall be entered on the pollbook by a precinct official before the voter votes. 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."
(c)	This section becomes effective January 1, 1996, and applies to all primaries and elections occurring on or after that date.

–ELIMINATE THE REQUIREMENT THAT A CANDIDATE BE A MEMBER OF A PARTY FOR NINETY DAYS BEFORE FILING AS A CANDIDATE OF THAT PARTY.
Sec. 8.  (a) 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. 
A person registered as 'unaffiliated' shall be ineligible to file as a candidate in a party primary election."
(b) This section becomes effective with respect to primary elections conducted on or after January 1, 1996.

–REMOVE THE SUNSET ON DESIGNATION OF UNEMPLOYMENT OFFICES AS VOTER REGISTRATION AGENCIES TO COMPLY WITH THE NATIONAL VOTER REGISTRATION ACT.
Sec. 9.  Section 73 of Chapter 762 of the 1993 Session Laws reads as rewritten:
"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.  "

–SBI REPORTS TO STATE BOARD OF ELECTIONS.
Sec. 10.  Article 22 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-278.1.  Copies of State Bureau of Investigation reports.
In all instances where the State Board of Elections requests the State Bureau of Investigation to investigate any violation of this Chapter, the State Bureau of Investigation shall furnish a copy of the report of its investigation to the State Board of Elections, and the copy of the report of the investigation in the possession of the State Board of Elections or its staff shall not be considered a public record within the meaning of Chapter 132 of the General Statutes and may be made available to the public only upon an order of a court of competent jurisdiction."

–POLITICAL PARTY CHECKOFF RESTORED TO OLD LAW WHERE INDIVIDUAL DESIGNATES PARTY.
Sec. 11.  Effective January 1, 1996, G.S. 105-159.1(a) reads as rewritten:
"(a)	Every individual whose income tax liability for the taxable year is one dollar ($1.00) or more may designate on his or her income tax return that one dollar ($1.00) of the tax shall be credited to the North Carolina Political Parties Financing Fund for the use of the political party designated by the taxpayer.  In the case of a married couple filing a joint return whose income tax liability for the taxable year is two dollars ($2.00) or more, each spouse may designate on the income tax return that one dollar ($1.00) of the tax shall be credited to the North Carolina Political Parties Financing Fund for the use of the political party designated by the taxpayer.  Where any taxpayer elects to so designate but does not specify a particular political party, amounts so credited to the Fund shall be allocated among the political parties on a pro rata basis according to their respective party voter registrations as determined by the most recent certification of the State Board of Elections. As used in this section, the term 'political party' means one of the following that has at least one percent (1%) of the total number of registered voters in the State:
(1)	A political party that at the last preceding general State election received at least ten percent (10%) of the entire vote cast in the State for Governor or for presidential electors.
(2)	A group of voters who by July 1 of the preceding calendar year, by virtue of a petition as a new political party, had duly qualified as a new political party within the meaning of Chapter 163 of the General Statutes."

–IN REGARD TO UNIFORMED AND OVERSEAS VOTERS, TO STREAMLINE, SIMPLIFY, AND MODERNIZE THE ABSENTEE VOTING LAWS, AND TO CONFORM TO FEDERAL LAWS ON ABSENTEE VOTING.
Sec. 12.  G.S. 163-239 reads as rewritten:
"§ 163-239. Article 21 relating to absentee voting by uniformed and overseas citizens not applicable.
Except as otherwise provided therein, Article 21 of this Chapter, relating to absentee registration and voting by uniformed and overseas citizens shall not apply to or modify the provisions of this Article."
Sec. 13.  Effective with respect to elections held on or after January 1, 1996, Article 21 of Chapter 163 of the General Statutes reads as rewritten:
"ARTICLE 21. 
" Absentee Registration and Voting in
Elections by Uniformed and Overseas Citizens.
"§ 163-245.  Uniformed and overseas citizens may register and vote by mail.
(a)	Any individual who is eligible to register and who is qualified to vote in any election held under the laws of this State, other than municipal elections where absentee voting is not permitted under G.S. 163-302, and who is absent from the county of the individual's residence in any of the capacities specified in subsection (b) of this section, shall be entitled to register by mail and to vote by uniformed and overseas citizens absentee ballot in the manner provided in this Article.
As has been the case since enactment of this Article in 1941, registration under this Article is not permanent, and is only for the election or for the calendar year as provided by this Article.
(b)	The provisions of this Article shall apply to the following persons:
	Persons serving in the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, the commissioned corps of the National Oceanic and Atmospheric Administration, and members of the national guard and military reserve who on the day of a election are absent from the county where registered to vote by reason of active duty.
(2)	A spouse or dependent of a member referred to in subdivision (2) or (5) of this section who, by reason of the active duty or service of the member, is absent from the county where the spouse or dependent is otherwise qualified to vote;
			(6)	Members of the merchant marine who, by reason of service in the merchant marine, are absent from the county.
(c)	As used in this section, 'member of the merchant marine' means an individual (other than a person covered by subdivision (b)(1) of this section or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways):
(1)	Employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or
(2)	Enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel.
"§ 163-246.  Provisions of Article 20 applicable except as otherwise provided; State Board of Elections to adopt rules.
	Except as otherwise provided in this Article, registration by mail and absentee voting by individuals to whom this Article is applicable shall be governed by the provisions of Article 20 of this Chapter. By way of illustration rather than limitation, the provisions of this paragraph shall apply to the form of absentee ballots, certificates and container-return envelopes; the manner of depositing and voting military absentee ballots; the counting and certifying of results; the hearing of challenges; and the preservation of container-return envelopes in which executed military absentee ballots are transmitted.
The State Board of Elections may adopt and promulgate whatever rules (not in conflict with other provisions of this Chapter) it may deem necessary to carry out the true intent and purpose of this Article.
"§ 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 the individual's residence may apply for absentee ballots in any of the ways provided as follows:
(1)	Federal Postcard Application Form. – At any time prior to the statewide primary or general election in which the applicant seeks to vote, the applicant may make and sign a written application to the County Board of Elections in the County of Voter's Residence for absentee ballots on the postcard form  specified in or promulgated by regulation under 42 U.S.C. 1973ff.
(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 election in which seeks to vote the applicant may make and sign a written application to the chairman of the board of elections of the county of the applicant's residence upon a form prepared and furnished the applicant upon request by the county board of elections. This form shall require the applicant's signature and shall elicit from the applicant:
	a.	A request for absentee ballots to be voted in a specified election.
b.	A statement of the applicant's political party affiliation if the applicant seeks to vote by absentee ballot in a partisan primary election.
c.	A statement of the applicant's membership in a category to which this Article is made applicable in G.S. 163-245.
d.	A statement of the precinct in which the applicant is registered to vote, or, if the applicant is not registered, a statement of the applicant's address before entering military or other qualifying service and the period of time the applicant 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.
The postcard application form, written application, or informal writing provided by this section may be transmitted to the county board of elections, by mail, by fax, or delivered in person by the voter or the voter's near relative or legal verifiable guardian.
"§ 163-248.  Register, ballots, container-return envelopes, and instruction sheets.
(a)	Register of Military Absentee Ballot Applications and Ballots Issued. – The State Board of Elections shall furnish the chairman of the board of elections in each county of the State with a book to be called the register of military absentee ballot applications and ballots issued in which shall be recorded whatever information and official action may be required by this Article.  In lieu of furnishing this register, the State Board of Elections may provide for a separate military section in the register furnished under the provisions of G.S. 163-228 which shall be used for the same purpose.
The State Board of Elections may provide for the register to be kept by electronic data processing equipment, as long as the information required by this Article to be in the register has a hard copy printed out each business day, or a supplement printed out each day of new information.
The register of military absentee ballot applications and ballots issued, whether contained in a separate book or maintained as a separate part of the register furnished under the provisions of G.S. 163-228, shall constitute a public record and shall be opened to the inspection of any registered voter of the county at any time.
(b)	Absentee Ballot Form. – Persons entitled to vote by absentee ballot under the terms of this Article shall be furnished with official ballots.  The State Board of Elections and the county boards of elections shall have all necessary absentee ballots printed and in the hands of the proper election officials not later than 50 days before the primary or election.
(c)	Container-Return Envelope. – The county board of elections shall print a sufficient number of envelopes in which persons casting military absentee ballots may transmit their marked ballots to the county board of elections.  The container-return envelopes shall be printed and available for use not later than 50 days before the primary or election.  Each container-return envelope shall be printed in accordance with the following instructions:
(1)	On one side shall be arranged identified spaces in which the county board of elections may insert the name of the applicant, the number assigned to the application, and the designation of the precinct in which the applicant's ballots are to be voted.
(2)	On the other side shall be printed the return address of the county board of elections and the following certificate:
'Certificate of Absentee Voter
I, ......................, do hereby certify that I am a resident and qualified voter in ............... precinct, ........... County, North Carolina, and that I am [check whichever of the following statements is correct]
[] Serving in the United States Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, the commissioned corps of the National Oceanic and Atmospheric Administration, the merchant marine, or a member of the national guard and military reserve and on the day of the election expect to be absent from the county by reason of my active duty.
[] The spouse of a person in a category listed above and will, by reason of the active duty of that person, expect on the day of the election to be absent from the county where I am registered to vote.
I further certify that I am affiliated with the ........ Party. [To be completed only if applicant seeks to vote in the primary of the political party to which the applicant belongs.]
I further certify that the following is my official address:

[Unit (Co., Sq., Trp., Bn., etc.), Governmental Agency, or Office]

	[Military Base, Station, Camp, Fort, Ship, Airfield, etc.

                [Street number, APO, or FPO number]

                [City, State, and zip code or applicable foreign address]
I further certify that I made application for absentee ballots and that I marked the ballots enclosed herein, or that they were marked for me in my presence and according to my instruction.  I understand it is a felony to falsely sign this certificate.
Witness my hand in the presence of ........ [Insert names and addresses of witnesses] this ...... day of............,......

                                           (Signature of voter)
Signature of witness #1
Address of witness #1
Signature of witness #2
Address of witness #2
Note: This certificate must be witnessed by any two persons who are 18 years of age or older, and must contain their signatures and addresses.'
(d)	Instruction Sheets. – The county board of elections shall prepare and print a sufficient number of sheets of instructions on how voters covered by the provisions of this Article are to prepare absentee ballots and return them to the county board of elections.  The instruction sheets shall be printed and available for use not later than 50 days before the election.
"§ 163-249.  Consideration and approval of applications and issuance of absentee ballots.
The procedure to be followed in receiving applications for absentee ballots under this Article, passing upon their validity, and issuing absentee ballots shall be governed by the provisions of this section.
(1)	Record of Applications Received and Ballots Issued. – Upon receipt of a voter's written application for absentee ballots in any of the forms permitted by G.S. 163-247, the chairman, secretary, supervisor of elections, or an employee 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.	Applicant's political party affiliation as stated in an application for ballots in a primary.
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 the applicant is already registered, or precinct in which applicant is registered by 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 the applicant's qualifications for obtaining absentee ballots under the provisions of this Article.
g.	Date application for ballots is received by county board of elections.
(2)	Determination of Validity of Applications for Absentee Ballots; Handling Applications for Persons Not Registered. – The chairman or supervisor of elections of the county board of elections shall pass upon the validity of all applications for absentee ballots received under the provisions of this Article, and neither of them shall delegate this responsibility.
If the chairman or supervisor finds that the applicant is a qualified voter of the county, that the applicant is registered in the precinct stated in the applicant's application, that the assertions in the applicant's application are true, that they demonstrate that the applicant is entitled to vote by absentee ballot under the terms of this Article, and that the applicant's application is in proper form, the chairman or supervisor shall approve the application for absentee ballots.
If the chairman or supervisor finds that the applicant is not registered to vote in the precinct in which the applicant declares the applicant is a resident, the chairman shall make a reasonable investigation as to the applicant's residence. If the chairman determines that the applicant is a resident of the precinct asserted, that the applicant is eligible to register and vote under the Constitution and statutes of this State, and that the applicant's application is otherwise in order, the chairman or supervisor shall register the applicant according to the procedure specified in subdivision (3)	of this section and approve the applicant's application for absentee ballots.
(3)	Record of Decisions; Registration. – At the time the chairman or supervisor of the county board of elections makes the decision on an application for absentee ballots, that person shall enter in the appropriate column in the register of military absentee ballot applications and ballots issued opposite the name of the applicant a notation of whether the applicant's application was 'Approved' or 'Disapproved.' In cases in which the chairman or supervisor determines that an unregistered applicant is entitled to register, that person shall also note in the appropriate column of the register the designation of the precinct in which the applicant is entitled to vote. This entry shall constitute registration and shall entitle an otherwise qualified applicant to receive absentee ballots.  As has been the case since enactment of this Article in 1941, registration under this Article is not permanent, and is only for the election or for the calendar year as provided by this Article.
(4)	Delivery of Absentee Ballots and Container-Return Envelope to Applicant. – When the chairman or supervisor of the county board of elections approves an application for military absentee ballots that person shall promptly issue and transmit them in accordance with the following instructions:
a.	On the top margin of each ballot the applicant is entitled to vote, the chairman, member, supervisor, or employee of the county board of elections shall write or type the words 'Absentee Ballot No ....' or an abbreviation approved by the State Board of Elections and insert in the blank space the number assigned the applicant's application in the register of military absentee ballot applications and ballots issued. There shall not be written, typed, or printed any other extraneous matter upon the ballots transmitted to the absentee voter.  Alternatively, the board of elections may cause to be barcoded on the ballot the voter's application number, if such barcoding system is approved by the State Board of Elections.
b.	The chairman, member, supervisor, or employee of the county board of elections shall fold and place the ballots (identified in accordance with the preceding instruction) in a container-return envelope and write or type in the appropriate blanks thereon, the absentee voter's name, the absentee voter's application number, and the designation of the precinct in which the absentee voter's ballots are to be voted.  If the ballot is barcoded under this section, the envelope may be barcoded rather than having the actual number appear. The chairman, member, supervisor, or employee of the county board of elections shall leave the container-return envelope holding the ballots unsealed.
c.	The chairman, member, supervisor, or employee of the county board of elections shall then place the unsealed container-return envelope holding the ballots, together with printed instructions for voting and returning the ballots, in an envelope addressed to the applicant at the address stated in the applicant's application, seal the envelope, and mail it at the expense of the county board of elections.
"§ 163-250.  Voting absentee ballots and transmitting them to chairman of county board of elections.
(a)	Procedure for Voting Absentee Ballots. – In the presence of two persons who are at least 18 years of age, and who are not disqualified by G.S. 163-226.3(a)(4) or G.S. 163-274(5a), the voter shall:
(1)	Mark the voter's ballots, or cause them to be marked by one of such persons in the voter's presence according to the voter's instructions.
(2)	Fold each ballot separately, or cause each of them to be folded in the voter's presence.
(3)	Place the folded ballots in the container-return envelope and securely seal it, or have this done in the voter's presence.
(4)	Make and subscribe the certificate printed on the container-return envelope according to the provisions of G.S. 163-248(c).
The persons in whose presence the ballots were marked shall sign the certificate as witnesses, and shall give their addresses.
(b)	Transmitting Executed Absentee Ballots to County Board of Elections. – When executed and witnessed in accordance with the provisions of subsection (a) of this section, the sealed container-return envelope in which executed absentee ballots have been placed shall be mailed by the voter to the county board of elections which issued them.
"§ 163-251.  Certified list of approved military absentee ballot applications; record of ballots received; disposition of list; list constitutes registration.
(a)	Preparation of List. – The county board of elections shall prepare, or cause to be prepared, a list in quadruplicate of all military absentee ballots returned to the county board of elections to be counted which have been approved by the county board of elections, and which have been received as of 5:00 p.m. on the day before the election. 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 military absentee ballots to be voted in the election to be conducted on the .......... day of. .........,....., which have been approved by the County Board of Elections and which have been received no later than 5:00 p.m. on the day before the election. I further certify that I have issued ballots to no other persons than those listed herein and further that I have not delivered military absentee ballots to persons other than those listed herein; that this list constitutes the only precinct registration of military absentee voters whose names have not heretofore been entered on the regular registration of the appropriate precinct.
This the ............... day of...............
                                                                       ...............................
                                (Signature of Chairman of County
                                Board of Elections)
Sworn to and subscribed before me this ....... day of...........
                       .........................................
                       (Signature of Officer administering oath)
                       ..........................................
                                 (Title of officer)'
(b)	Distribution of List. – No later than 10:00 A.M. on election day, the county board of elections shall cause one copy of the list of executed military absentee ballots prepared under subsection (a) of this section, 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 county board of elections shall retain one copy in the board office for public inspection and 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 county board of elections for resolution by the board of elections prior to certification of results by the board.
(b1)	Preparation of List. – The county board of elections shall prepare, or cause to be prepared, a list in quadruplicate of all military absentee ballots returned to the county board of elections to be counted which have been approved by the county board of elections, and which have been received after 5:00 p.m. on the day before the election but before 7:30 p.m. on election day. 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 military absentee ballots to be voted in the election to be conducted on the .......... day of .........,  ....., which have been approved by the County Board of Elections and which have been received after 5:00 p.m. on the day before the election but before 7:30 p.m. on the day of the election. I further certify that this list constitutes the only supplemental precinct registration of military absentee voters whose names have not heretofore been entered on the regular registration of the appropriate precinct.
This the ............... day of.......... .....
                                  ...............................
                                 (Signature of Chairman of County
                                        Board of Elections)Sworn to and subscribed before me this ....... day of.....  ......
..........................................
(Signature of Officer administering oath)
..........................................
          (Title of officer)'
No later than 10:00 p.m. on election day, the county board of elections 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 board shall retain one copy in the board office for public inspection.  In addition the county board of elections 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. Challenges shall be made to absentee ballots as provided in G.S. 163-89.
On or before the day of the canvass by the county board of elections, a member or employee of the board of elections 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 supervisor of elections shall enter a challenge which shall be presented to the county board of elections for resolution by the board of elections prior to certification of results by the board.
(c)	List Constitutes Registration. – The 'List of Applicants for Military Absentee Ballots to Whom Ballots Have Been Issued' prescribed by subsections (a) and (b1) of 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.
(d)	Counting Ballots, Hearing Challenges. – The county board of elections shall count military ballots as provided for civilian absentee ballots in G.S. 163-234, and shall hear challenges as provided in G.S. 163-89.
"§ 163-253. Applicability to persons after change of status.
The termination of any status qualifying a person to register and vote by absentee ballot under the provisions of this Article, does not invalidate any application made or ballot returned while the person was eligible.
"§ 163-254.  Registration and voting on primary or election day.
If any person was eligible to vote an absentee ballot under this Article on the last day to submit voter registration applications in person under G.S. 163-82.6(c)(2), that person may register and vote on election day in accordance with G.S. 163-82.6(d).
"§ 163-255.  Absentee voting at office of board of elections.
Notwithstanding any other provisions of Chapter 163 of the General Statutes, any person eligible to vote an absentee ballot pursuant to G.S. 163-245 shall be permitted to vote an absentee ballot pursuant to G.S. 163-227.2 if the person has not already voted an absentee ballot which has been returned to the board of elections, and if the person will not be in the county on the day of the election.
In the event an absentee application or ballot has already been mailed to such person applying to vote pursuant to G.S. 163-227.2, the board of elections shall void the application and ballot unless the voted absentee ballot has been received by the board of elections. Such person shall be eligible to vote pursuant to G.S. 163-227.2 no later than 5:00 P.M. on the Friday next preceding the election.
"§ 163-256.  Regulations of State Board of Elections.
The State Board of Elections shall adopt rules to carry out the intent and purpose of G.S. 163-254 and 163-255, and to ensure that a proper list of persons voting under said sections shall be maintained by the boards of elections, and to ensure proper registration records, and such rules shall not be subject to the provisions of G.S. 150B-9.
"§ 163-256.1.  Compliance with Uniformed and Overseas Citizens Absentee Voting Act.
(a)	In order to comply with the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff et. seq., the State Board of Elections shall by rule provide for:
(1)	Overseas voters as defined in that act who are not eligible under this Article or Article 20 of this Chapter to register and vote in any federal general election if the application is received no later than 30 days before the election.  Such application may be received my mail, by fax, or in person from the voter or a near relative.
(2)	Overseas voters as defined in that act to use a federal write-in absentee ballot under that act.
(b)	In accord with suggestions of the Federal Voting Assistance Program of the Department of Defense, the State Board of Elections shall by rule provide for:
(1)	Overseas voter as defined in that act to use a federal write-in absentee ballot under that act for primary and special elections for federal office, including the Presidential Preference Primary.
(2)	Acceptance of the Federal Write-In Absentee Ballot transmission envelope as a request for registration for that election as an overseas absentee voter for the federal election involved where the person is eligible under the act and the request is received not less than 30 days before the election.
(3)	If a person is a citizen of the United States, but has never been domiciled in the United States, but that person's parent is registered to vote in this State for that person to be eligible to vote under that act as if that person was an overseas voter as defined in that act but for the fact of never having a domicile in this State."

–COPIES OF REGISTRATION RECORDS.
Sec. 14.  Effective  January 1, 1996, 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, precinct name, precinct identification code, congressional district, senate district, representative district, and, where applicable, county commissioner district, city governing board district, fire district, soil and water conservation district, and voter history including primary, general, and special districts, or any other reasonable category.  The following shall apply if a county maintains or has its voter registration list maintained on a computer:
(1)	In addition to the typed, mimeographed, photocopied, computer printout or label lists, the county board of elections shall make the voter registration information available to the public on magnetic medium.  Magnetic medium for the purpose of this section shall consist of nine track tape or 3.5 inch diskettes and 5.25 inch diskettes readily accessible using MS-DOS or Microsoft Windows operating systems or both such systems; and
(2)	Information requested on magnetic medium shall contain the following: voter name, county voter identification number, residential address, mailing address, sex, race, age or date of birth or both, party affiliation, precinct name, precinct identification code, congressional district, senate district, representative district, and, where applicable, county commissioner district, city governing board district, fire district, soil and water conservation district, and any other district information available, and voter history including primary, general, and special districts, or any other reasonable category,
provided that this subsection shall not require a county to computerize its lists, but if a county does computerize it shall comply with subdivisions (1) and (2) of this subsection.  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.  Actual cost for the purpose of this section shall not include the cost of any equipment or any imputed overhead expenses.  It may include the actual cost of paper, labels, and magnetic medium.  The purchaser at its discretion may provide the magnetic medium.
(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, precinct, precinct name, precinct identification code, congressional district, senate district, representative district, and, where applicable, county commissioner district, city governing board district, fire district, soil and water conservation district, and voter history including primary, general, and special districts 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."
Sec. 15.  Except as otherwise provided, this act is effective upon ratification.