GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION

CHAPTER 688
SENATE BILL 323

AN ACT TO PROVIDE THAT OBSERVERS AT A PRECINCT'S VOTING PLACE NEED NOT BE REGISTERED VOTERS IN THAT PRECINCT BUT SHALL BE REGISTERED VOTERS IN THE COUNTY AND TO AMEND THE LAW GOVERNING ACCESS TO VOTER REGISTRATION INFORMATION.

The General Assembly of North Carolina enacts:

Section 1.  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 for which appointed and must have good moral character.  Observers shall take no oath of office.
Individuals authorized to appoint observers must submit in writing to the chief judge of each precinct a signed list of the observers appointed for that precinct.  Individuals authorized to appoint observers must, prior to 10:00 A.M. on the fifth day prior to any primary or general election, submit in writing to the chairman of the county board of elections two signed copies of a list of observers appointed by them, designating the precinct for which each observer is appointed.  Before the opening of the voting place on the day of a primary or general election, the chairman shall deliver one copy of the list to the chief judge for each affected precinct.  He shall retain the other copy.  The chairman, or the chief judge and judges for each affected precinct, may for good cause reject any appointee and require that another be appointed.  The names of any persons appointed in place of those persons rejected shall be furnished in writing to the chief judge of each affected precinct no later than the time for opening the voting place on the day of any primary or general election, either by the chairman of the county board of elections or the person making the substitute appointment.
An observer shall do no electioneering at the voting place, and he shall in no manner impede the voting process or interfere or communicate with or observe any voter in casting his ballot, but, subject to these restrictions, the chief judge and judges of elections shall permit him to make such observation and take such notes as he may desire.
Whether or not the observer attends to the polls for the requisite time provided by this section, each observer shall be entitled to obtain at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart, a list of the persons who have voted in the precinct so far in that election day.  Counties that use an "authorization to vote document" instead of poll books may comply with the requirement in the previous sentence by permitting each observer to inspect election records so that the observer may create a list of persons who have voted in the precinct so far that election day; each observer shall be entitled to make the inspection at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart.”
Sec. 2.  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.  When furnishing information under this subsection to a purchaser on a magnetic medium provided by the county board or the purchaser, the county board may impose a service charge of up to twenty-five dollars ($25.00).
(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. 3.  This act becomes effective July 1, 1996.  Section 1 applies to all primaries and elections occurring on or after that date.  
In the General Assembly read three times and ratified this the 21st day of June, 1996.

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Dennis A. Wicker
President of the Senate

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Harold J. Brubaker
Speaker of the House of Representatives