GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 40*

Short Title:  Absentee Voting Revision.	(Public)

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Sponsors: Senators Plexico, Smith; Dannelly, Hoyle, Kerr, Odom, Gulley, Plyler, and Lucas.

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Referred to:  Judiciary II/Election Laws.

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO STREAMLINE, SIMPLIFY, AND MODERNIZE THE ABSENTEE VOTING LAWS, AND TO CONFORM TO FEDERAL LAWS ON ABSENTEE VOTING.
The General Assembly of North Carolina enacts:
Section 1.  Subchapter VII of Chapter 163 of the General Statutes reads as rewritten:

"SUBCHAPTER VII. ABSENTEE VOTING.

"ARTICLE 20.

"Absentee Ballot.

"§ 163-226.  Who may vote an absentee ballot.
(a)	Who May Vote Absentee Ballot; Generally. –Except as provided by G.S. 163-302 with respect to municipal elections, and except as provided by G.S. 163-82.7(g)(2) in the case where a person's voter registration notice has been returned by the Postal Service as undeliverable, any qualified voter may vote by absentee ballot in any election conducted by the county board of elections, in the manner provided in this Article if:
(1)	The qualified voter expects not to be present at the voting place to vote in person on the day of the specified election in which the qualified voter desires to vote; or
(2)	The qualified voter is unable to be present at the voting place to vote in person on the day of the specified election in which the qualified voter desires to vote because of the qualified voter's sickness or other physical disability where such illness or other physical disability arises after 5:00 p.m. on the Tuesday preceding the election but before 12:00 noon on the day of the specified election.
			(c)	As used in this Subchapter, unless the context clearly requires otherwise, the term 'election' includes a general, primary, second primary, runoff, bond election, referenda, or special election.
"§ 163-226.1.  Absentee voting in primary.
A qualified voter may vote by absentee ballot in a partisan primary provided the qualified voter is affiliated, at the time the qualified voter makes application for absentee ballots, with the political party in whose primary the qualified voter wishes to vote, except that an unaffiliated voter may vote in a party primary if permitted under G.S. 163-116.  The official registration records of the county in which the voter is registered shall be proof of whether the qualified voter is affiliated with a political party and of the party, if any, with which the qualified voter is affiliated.
163i 
"§ 163-226.3.  Certain acts declared felonies.
(a)	Any person who shall, in connection with absentee voting in any election held in this State, do any of the acts or things declared in this section to be unlawful, shall be guilty of a Class I felony. It shall be unlawful:
(1)	For any person except the voter's near relative as defined in G.S. 163-227(c)(4) or the voter's legal guardian to assist the voter to vote an absentee ballot when the voter is voting an absentee ballot other than under the procedure described in G.S. 163-227.2; provided that if there is not a near relative or legal guardian available to assist the voter, the voter may request some other person to give assistance;
(2)	For any person to assist a voter to vote an absentee ballot under the absentee voting procedure authorized by G.S. 163-227.2 except a member of the county board of elections, the supervisor of elections, an employee of the board authorized by the board, the voter's near relative as defined in G.S. 163-227(c)(4), or the voter's legal guardian;
(3)	For a voter who votes an absentee ballot under the procedures authorized by G.S. 163-227.2 to vote that voter's absentee ballot outside of the voting booth or private room provided to the voter for that purpose in or adjacent to the office of the county board of elections or at the additional site provided by G.S. 163-227.2(f1), or to receive assistance in getting to and from the voting booth or private room and in preparing and marking that voter's ballots from any person other than a member of the county board of elections, the supervisor of elections, an employee of the board of elections authorized by the board, a near relative of the voter as defined in G.S. 163-227(c)(4), or the voter's legal guardian;
(4)	For any owner, manager, director, employee, or other person, other than the voter's near relative as defined in G.S. 163-227(c)(4) or legal guardian, to make application on behalf of a registered voter who is a patient in any hospital, clinic, nursing home or rest home in this State or for any owner, manager, director, employee, or other person other than the voter's near relative or legal guardian, to mark the voter's absentee ballot or assist such a voter in marking an absentee ballot;
(5)	Repealed by Session Laws 1987, c. 583, s. 8.
(6)	For any person to take into that voter's possession for delivery to a voter or for return to a county board of elections the absentee ballot of any voter, provided, however, that this prohibition shall not apply to a voter's near relative as defined in G.S. 163-227(c)(4) or the voter's legal guardian;
(7)	Except as provided in subsections (1), (2), (3), and (4) of this section, G.S. 163-231(a), G.S. 163-250(a), and G.S. 163-227.2(e), for any voter to permit another person to assist the voter in marking that voter's absentee ballot, to be in the voter's presence when a voter votes an absentee ballot, or to observe the voter mark that voter's absentee ballot.
(b)	The State Board of Elections or a county board of elections, upon receipt of a sworn affidavit from any qualified voter of the State or the county, as the case may be, attesting to first-person knowledge of any violation of subsection (a) of this section, shall transmit such affidavit to the appropriate district attorney, who shall investigate and prosecute any person violating subsection (a).
"§ 163-227.  State Board to prescribe form of application for absentee ballots; county to secure.
(a)	Applications for Absentee Ballots Generally. –An eligible voter may apply for absentee ballots not earlier than 50 days prior to the election in which that eligible voter seeks to vote and not later than 5:00 P.M. on the Tuesday before that election, except that applications under G.S. 163-227.2 shall be governed by that section and applications under G.S. 163-226(a)(2) may be made not earlier than 5:00 p.m. on the Tuesday preceding the election and not later than 12:00 noon on election day.  Subject to all other provisions contained in this Article, a voter applying for an absentee ballot except under G.S. 163-227.2 shall complete the standard application form to be secured by the county board of elections, as designed and prescribed by the State Board of Elections.  The form shall be printed on the container-return envelope transmitted to the voter along with the ballots.  The form shall allow reporting of a change of name as provided by G.S. 163-82.16(d).  The form shall contain lines to be checked off by each of the kinds of voters specified below:
(1)	A voter expecting not to be present at the voting place to vote in person on the day of the specified election.  (G.S. 163-226(a)(1)).
(2)	A voter who is unable to be present at the voting place to vote in person on the day of the specified election because of that voter's sickness or other physical disability occurring after 5:00 p.m. on the Tuesday preceding the election but before 12:00 noon on the day of the specified election. (G.S. 163-226(a)(2)).
(3)	Repealed by Session Laws 1991, c. 727, s. 6.1.
		(b)	Types of Applications; Instructions. –
(1)	Expected Not to Be Present at the Voting Place on Election Day. – A voter expected to not be present at the voting place in which registered during the entire period that the polls will be open on primary or general election day shall make written request for absentee ballots to the board of elections of the county in which the voter is registered not later than 5:00 P.M. on the Tuesday before the election.  The application shall be submitted in the form set out in this subdivision upon the container-return envelope which shall be furnished the voter or a near relative by the county board of elections.
		The application shall be signed by the voter personally. 
(2)	Absence for Sickness or Physical Disability Occurring After 5:00 P.M. on the Tuesday Prior to the Election but Before 12:00 Noon on the Day of the Primary or General Election. – A voter expecting to be unable to go to the voting place to vote in person on primary or general election day because of that voter's sickness or other physical disability occurring after 5:00 p.m. on the Tuesday preceding the election but before 12:00 noon on the day of the date of the specified election shall make written request for absentee ballots to the board of elections of the county in which the voter is registered not earlier than 5:00 p.m. on the Tuesday nor later than 12:00 noon on the day of the election. The application shall be submitted in the form set out in this subdivision upon the container-return envelope which shall be furnished the voter by the county board of elections.
		The application shall be signed by the voter personally. 
		(3)	Repealed by Session Laws 1991, c. 727, s. 6.1.
(4)	'One-Stop' Voting Procedure, in Office of the County Board of Elections. – A voter falling in the category specified in G.S. 163-227.2 may execute an application form and proceed to vote that voter's absentee ballot in the office of the county board of elections only.  The application shall be on a separate form prescribed by the State Board of Elections.
(c)	Application Forms Issued by County Board of Elections. – The county board of elections shall be sole custodian of all absentee ballot application forms, and the chairman, a member, the secretary of the board or the supervisor of elections or an employee of the board, in accordance with one of the following two procedures, shall issue and deliver a single application form, upon request, to an eligible voter under the provisions of this section:
(1)	The chairman, member, supervisor of elections or an employee of the board of elections may deliver the form to a voter personally at the office of the county board of elections for the voter's own use; or
(2)	The chairman, member, supervisor of elections or an employee of the board of elections may mail the form to a voter for that voter's own use upon receipt of a written request from the voter.
		At the time of issuance of an application form, the chairman, member, supervisor of elections or an employee of the county board of elections shall number it and write the name of the voter in the space provided therefor at the top of the form. At the same time the chairman, member, supervisor of elections or an employee of the board of elections shall insert the name of the voter and the number assigned that voter's application in the register of absentee ballot applications and ballots issued provided for in G.S. 163-228. 
		The chairman, member, supervisor of elections or an employee of the board of elections shall issue only one application form to a voter unless a form previously issued is returned to the chairman, member, secretary, supervisor of elections or an employee of the board of elections and marked 'Void' by that person or unless the applicant certifies that the application has been lost or never received. In such a situation, the chairman, member, secretary, supervisor of elections or an employee of the board of elections may issue another application form to the voter but shall retain the voided application form or the certificate in the board's records. 
(3)	Requests for Application Transmitted by Mail, Fax, or in Person. –A request for application for absentee ballots shall be made and signed only by the voter desiring to use them and shall be valid only when 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.
(4)	Who Is Authorized to Request Applications for Absentee Ballots. – A voter may personally request an application for absentee ballots. A near relative of the person may request for that person an application under G.S. 163-230.1(d). For the purpose of this Article, 'near relative' means spouse, brother, sister, parent, grandparent, child, or grandchild.
(5)	The form of application for persons applying to vote in a primary under the provisions of this section shall be as designed and prescribed by the State Board of Elections. 
		(7)	The county board of elections may receive written requests for applications earlier than 50 days prior to the election but applications and ballots shall not be mailed or issued to the voter in person earlier than 50 days prior to the except as provided in G.S. 163-227.2.
(8)	No election official shall issue applications for absentee ballots except in compliance with the provisions stated herein.
(9)	If the voter has a physical disability or condition which substantially impairs that voter's ability to go to the polling place to vote, the voter may request an absentee ballot for all the primaries and elections held during the calendar year in which the request is received by the board of elections.  The request must include a description of the physical disability or condition.
"§ 163-227.1.  Second primary; applications for absentee ballots for voting in second primary.
A voter applying for an absentee ballot for a primary election who will be eligible to vote under this Article on the day of the primary and second primary shall be permitted by the county board of elections to indicate such fact on that voter's application and such voter shall automatically be issued an application and absentee ballot for the second primary if one is called. The county board of elections shall consider such indication a separate request for application for the second primary and, at the proper time, shall enter such voter's name in the absentee register along with the listing of other applicants for absentee ballots for the second primary.
In addition, a voter entitled to absentee ballots under the provisions of this Article who did not make application for the primary, does not have a continuing application for the calendar year under G.S. 163-227(c)(8), or who failed to apply for a second primary ballot at the time of application for a first primary ballot may apply for absentee ballots for a second primary not earlier than the day a second primary is called and not later than the date and time provided by G.S. 163-227.
All procedures with respect to absentee ballots in a second primary shall be the same as with respect to absentee ballots in a first primary except as otherwise provided by this section.
"§ 163-227.2.  Alternate procedures for requesting application for absentee ballot; 'one-stop' voting procedure in board office.
(a)	A person expecting to not be present at the polling place in which that person is registered during the entire period that the polls are open on the day of an election in which absentee ballots are authorized may request an application for absentee ballots, complete the application, and vote under the provisions of this section.
(b)	Not earlier than the first business day after the twenty-fifth day before an election, in which absentee ballots are authorized, in which a voter seeks to vote and not later than 5:00 P.M. on the Friday prior to that election, the voter shall appear in person only at the office of the county board of elections and request that the chairman, a member, or the supervisor of elections of the board, or an employee of the board of elections, authorized by the board, furnish the voter with an application form as specified in G.S. 163-227. The voter shall complete the application in the presence of the chairman, member, supervisor of elections or authorized employee of the board, and shall deliver the application to that person.
(c)	If the application is properly filled out, the chairman, member, supervisor of elections of the board, or employee of the board of elections, authorized by the board, shall enter the voter's name in the register of absentee ballot applications and ballots issued; shall furnish the voter with the instruction sheets called for by G.S. 163-229(c); and shall furnish the voter with the ballots to which the application for absentee ballots applies.  The voter thereupon shall vote in accordance with subsection (e) of this section.
   All actions required by this subsection shall be performed in the office of the board of except that the voting may take place in an adjacent room as provided by subsection (e) of this section. The application under this subsection shall be signed in the presence of the chairman, member, supervisor of elections of the board, or full-time employee, authorized by the board who shall sign the application and certificate as the witness and indicate the official title held by him or her.  Notwithstanding G.S. 163-231(a), in the case of this subsection, only one witness shall be required on the certificate.
(d)	Only the chairman, member, employee, or supervisor of elections of the board shall keep the voter's application for absentee ballots in a safe place, separate and apart from other applications and container-return envelopes. If the voter's application for absentee ballots is disapproved by the board, the board shall so notify the voter stating the reason for disapproval by first-class mail addressed to the voter at that voter's residence address and at the address shown in the application for absentee ballots; and the board shall enter a challenge under G.S. 163-89.
(e)	The voter shall vote that voter's absentee ballot in a voting booth in the office of the county board of elections and the county board of elections shall provide a voting booth for that purpose, provided however, that the county board of elections may in the alternative provide a private room for the voter adjacent to the office of the board, in which case the voter shall vote that voter's absentee ballot in that room. If the voter needs assistance in getting to and from the voting booth and in preparing and marking that voter's ballots or if the voter is a blind voter, only a member of the county board of elections, the supervisor of elections, an employee of the board of elections authorized by the board, a near relative of the voter as defined in G.S. 163-227(c)(4), or the voter's legal guardian shall be entitled to assist the voter.  The ballot shall be a paper ballot or a voting system in which a paper ballot is counted by computer or mechanical device.  The ballot in any case shall have the ballot number on it in accordance with G.S. 163-230(3)a.  After the voter casts the ballot, the voter shall deposit the ballot in the ballot box or voting system in the same manner as if such box or system was in use in a precinct on election day.  At the end of each business day, or at any time when there will be no employee or officer of the board of elections on the premises, the ballot box or system shall be secured in accordance with rules adopted by the State Board of Elections, which shall include verifying that no additional ballots have been placed in the box or system.  If a direct record voting system with retrievable ballots is approved by the State Board of Elections, it may be used for ballots cast under this section under rules approved by the State Board of Elections.
(f)	Notwithstanding the exception specified in G.S. 163-116, counties which operate a modified full-time office shall remain open five days each week during regular business hours consistent with daily hours presently observed by the county board of elections, commencing with the date prescribed in G.S. 163-227.2(b) and continuing until 5:00 P.M. on the Friday prior to that election or primary. The boards of county commissioners shall provide necessary funds for the additional operation of the office during such time.
(f1)	Notwithstanding any other provision of this section, a county board of elections may provide for one or more sites in that county for absentee ballots to be applied for and cast under this section.  Such sites must be approved by the State Board of Elections as part of a Plan for Implementation approved by both the county board of elections and by the State Board of Elections which shall also provide adequate security of the ballots and provisions to avoid allowing persons to vote who have already voted.
"§ 163-227.3.  Date by which absentee ballots must be available for voting.
(a)	The State Board of Elections shall provide absentee ballots of the kinds to be furnished by the State Board, to the county boards of elections 50 days prior to the date on which the election shall be conducted unless there shall exist an appeal before the State Board or the courts not concluded, in which case the State Board shall provide the ballots as quickly as possible upon the conclusion of such an appeal. In every instance the State Board shall exert every effort to provide absentee ballots, of the kinds to be furnished by the State Board, to each county by the date on which absentee voting is authorized to commence.
(b)	Second Primary. – The State Board of Elections shall provide absentee ballots, of the kinds to be furnished by the State Board, as quickly as possible after the ballot information has been determined.
"§ 163-228.  Register of absentee ballot applications and ballots issued; a public record.
The State Board of Elections shall design an official register and provide a source of supply thereof from which the county board of elections in each county of the State shall purchase a book to be called the register of absentee ballot applications and ballots issued in which shall be recorded whatever information and official action may be required by this Article.
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 absentee ballot applications and ballots issued shall constitute a public record and shall be opened to the inspection of any registered voter of the county at any time within 50 days before and 30 days after an election in which absentee ballots were authorized, or at any other time when good and sufficient reason may be assigned for its inspection.
"§ 163-229.  Absentee ballots, container-return envelopes, and instruction sheets.
(a)	Absentee Ballot Form. – In accordance with the provisions of G.S. 163-230(3), persons entitled to vote by absentee ballot shall be furnished with official ballots. 
(b)	Container-Return Envelope. – In time for use not later than 50 days before a statewide primary, general election or county bond election, the county board of elections shall print a sufficient number of envelopes in which persons casting absentee ballots may transmit their marked ballots to the county board of elections. Each container-return envelope shall be printed in accordance with the following instructions:
(1)	There shall be printed an identified space in which shall be inserted the application number of the voter and the following statement which shall be certified by one member of the county board of elections:

'Certification of Election Official 
The undersigned election official does by that election official's hand and seal certify that......... is a registered and qualified voter of .................. County, Precinct.......... and is making proper application to vote under the Absentee Ballot Law of North Carolina for absentee ballots to be voted in the ________ (primary or general or special election) to be held in __________ County on the ______________ day of ________, ____.
	(Seal)Chairman-Member'	On the other side There shall be printed the return address of the county board of elections and the following certificate:
'Certificate of Absentee or Sick Voter
State of
County ofI, ............., do certify that I am a resident and registered voter in ........ precinct, .............. County, North Carolina; that on the day of an election, .............,.... (check whichever of the following statements is correct.)
[ ]  I will not be present at the polling place in which I am registered during the entire time the polls will be open on election day.
[ ]  Due to sickness or physical disability, occurring after 5:00 p.m. on the Tuesday before the election but before 12:00 noon on the day of the election, I will be unable to travel to the voting place in the precinct in which I reside.
I further certify that I marked the ballots enclosed herein, or that they were marked for me in my presence and according to my instructions.  I understand it is a felony to falsely sign this certificate.

     (Signature of voter)

Signature of Witness #1        	Signature of Witness #2          
Address of Witness #1	Address of Witness #2'(3)	There shall be printed the application provided by G.S. 163-227.
(c)	Instruction Sheets. – In time for use not later than 50 days before a statewide primary, general or county bond election, the county board of elections shall prepare and print a sufficient number of sheets of instructions on how voters are to prepare absentee ballots and return them to the county board of elections.
"§ 163-230.  Consideration and issuance of absentee ballots.
The procedure to be followed in 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 request for absentee ballots, the county board of elections shall promptly enter in the register of absentee ballot application and ballots issued the following information :
a.	Name of voter applying for absentee ballots, and, if applicable, the name and address of the voter's near relative who requested the application for absentee ballots.
b.	Number of assigned voter's application when issued.
c.	Precinct in which applicant is registered.
d.	Address to which ballots are to be mailed, or that the voter voted pursuant to G.S. 163-227.2.
e.	Reason assigned for requesting absentee ballots.
f.	Date request for application for ballots is received by the county board of elections.
g.	The voter's party affiliation.
h.	The date the ballots were mailed or delivered to the voter.
(2)	Determination of Validity of Requests for Absentee Ballots. – 
										The county board of elections, upon receipt of a properly made request for application for ballot by a person authorized to make such request for a person qualified to vote by absentee ballot, shall transmit the application and ballot to the voter in accordance with this Article.  During the period commencing 60 days before the election, the board of elections shall each business day no later than 10:00 a.m. post a list of all persons for whom requests for application which have been received by the end of the previous business day.  The county board of elections may post updated lists at additional times.  Such list shall also include applicants for one-stop voting under G.S. 163-227.2.   Such list need not contain all the information on the request.  Any registered voter of the county may contest in writing such request, giving specific grounds by which complying with the request would not be lawful.  If such contest is received prior to the absentee ballot and application being transmitted to the voter, they shall not be transmitted until the request has been approved by the county board of elections, which shall meet no later than 4:00 p.m. on the next business day after the contest is received to act on the request.  At any such meeting any registered voter of the county shall be heard and allowed to present evidence in opposition to, or in favor of, the issuance of absentee ballots to any voter making application for them.  If the board approves the request, the application and ballot shall be transmitted in accordance with law if it has not yet been transmitted.  If the board disapproves the request, the ballot and application shall not be transmitted, shall not be counted if the rejection occurs after the ballot has been transmitted, or if the denial comes after the ballot has been counted, it shall be treated as if a challenge has been sustained under G.S. 163-89(e).  In the case of one-stop absentee ballots cast under G.S. 163-227.1, if the board of elections denies an application, it shall be treated as if a challenge has been sustained under G.S. 163-89(e).  It is a misdemeanor to make a contest under this subdivision if the contester does not know, suspect, or reasonably believe the person not to be qualified to receive an absentee ballot.
The county board of elections may consider the registration records as evidence of the voter's signature, if available, and as any other evidence that may be necessary to pass upon such a request for application, including the party affiliation of a voter seeking to vote in a primary.
If the board finds that the applicant is a qualified voter of the county, that the qualified voter is registered in the precinct stated in the qualified voter's application, that the assertions in the qualified voter's application are true, and that the qualified voter's application is in proper form, it shall approve the qualified voter's application for absentee ballots.
	Record of Board's Determination; Decision Final. – At the time the county board of elections makes its decision on an application or request for application for absentee ballots, the board shall enter in the appropriate column in the register of absentee ballot applications and ballots issued opposite the name of the applicant a notation of whether the applicant's application was 'Approved' or 'Disapproved'.
The decision of the board on the validity of an application or request for application for absentee ballots shall be final subject only to such review as may be necessary in the event of an election contest.
(3)	Delivery of Absentee Ballots and Container-Return Envelope to Applicant. – When the county board of elections approves a request for application for absentee ballots, the chairman, a member, officer, or employee or the board shall promptly issue and transmit them to the voter only, and not to the voter's near relative, in accordance with the following instructions:
a.	On the top margin of each ballot the applicant is entitled to vote, the chairman, a member, officer, or employee of the 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 applications for absentee ballots and ballots issued.  That person shall not write, type, or print any other 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, officer, or employee of the 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, in accordance with the terms of G.S. 163-229(b), the absentee voter's name, the absentee voter's application number and the designation of the precinct in which the voter is registered.  If the ballot is barcoded under this section, the envelope may be barcoded rather than having the actual number appear.  The person placing the ballots in the envelopes shall leave the container-return envelope holding the ballots unsealed.
c.	The chairman, member, officer, or employee of the 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 post office address stated in the applicant's request, seal the envelope, and mail it at the expense of the county board of elections, or deliver it to the applicant in person: Provided, that in case of approval of an application received after 5:00 P.M. on the Tuesday before the election under the provisions of G.S. 163-227(b)(2), in lieu of transmitting the ballots to the applicant in person or by mail, the chairman, member, officer, or employee of the board of elections may deliver the sealed envelope containing the instruction sheet and the container-return envelope holding the ballots to a near relative of the voter.
"§ 163-230.1.  Simultaneous issuance of absentee ballots with application.
(a)	When a qualified voter personally requests by mail an application for absentee ballots, the county board of elections shall cause to be mailed to that voter in a single package:
(1)	The official ballots the voter is entitled to vote if the qualified voter's request is approved;
(2)	A container-return envelope for the ballots, upon the outside of which shall be printed the appropriate application form as provided in G.S. 
	163-227 and on which the affidavit provided by G.S. 163-229(b) shall be printed; and
(4)	An instruction sheet.
The ballots, envelopes and instructions shall be mailed to the voter by the county board's chairman, member, officer, or employee as determined by the board and entered in the register as provided by this Article.
(b)	The application shall be completed, the ballots marked, the ballots sealed in the container-return envelope, and the certificate completed as provided in G.S. 163-229.  
(c)	At its next official meeting after return of the completed container-return envelope with the voter's ballots, the county board of elections shall determine whether the container-return envelope has been properly executed.  If the board determines that the container-return envelope has been properly executed, it shall approve the application and deposit the container-return envelope with other container-return envelopes for the envelope to be opened and the ballots counted at the same time as all other container-return envelopes and absentee ballots.  The board may hold official meetings under this section periodically, may hold such meeting on the day of the election before counting begins, along with another meeting to approve any applications which have been received before 12:00 noon on the day of the election under G.S. 163-227(b)(2), or may delegate the approval to the supervisor of elections.
(d)	Only the voter may make application for absentee ballots.  A near relative of a voter may request an application and ballot on behalf of a voter, on a form approved by the State Board of Elections which shall be provided by the county board of elections.  Such form may be delivered to the county board of elections personally by the near relative, by mail, or by fax.
(e)	The State Board of Elections, by rule or by instruction to the county board of elections, shall establish procedures to provide appropriate safeguards in the implementation of this section.
"§ 163-230.2.  Faxing.
(a)	As used in this Subchapter a 'fax' is an electronic transmission of a facsimile, but the facsimile must have on it the signature of the person making the request.
(b)	Any provision of this Subchapter allowing a fax to be used applies only if the county board of elections or the office of the county manager has a fax machine.
(c)	The State Board of Elections shall issue rules to implement this section.
"§ 163-231.  Voting absentee ballots and transmitting them to the county board of elections.
(a)	Procedure for Voting Absentee Ballots. – In the presence of two other 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 instruction;
(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 the application printed on the container-return envelope according to the provisions of G.S. 163-227 and make the certificate printed on the container-return envelope according to the provisions of G.S. 163-229(b).
The persons in whose presence the ballot is marked shall at all times respect the secrecy of the ballot and the privacy of the absentee voter, unless the voter requests their assistance and they are otherwise authorized by law to give assistance. The persons in whose presence the ballot was marked shall sign the application and certificate as witnesses, and shall indicate their address. When thus executed, the sealed container-return envelope, with the ballots enclosed, shall be transmitted in accordance with the provisions of subsection (b)	of this section to the county board of elections which issued the ballots.
(a1)	Repealed by Session Laws 1987, c. 583, s. 1.
(b)	Transmitting Executed Absentee Ballots to County Board of Elections. – The sealed container-return envelope in which executed absentee ballots have been placed shall be transmitted to the county board of elections who issued them as follows:  All ballots issued under the provisions of Articles 20 and 21 of this Chapter shall be transmitted by mail, at the voter's expense, or delivered in person, or by the voter's near relative not later than 7:30 p.m. on the day of the election.  If such ballots are received later than that hour, they shall not be accepted for voting.
"§ 163-232. Certified list of executed absentee ballots; distribution of list.
(a)	The county board of elections shall prepare, or cause to be prepared, a list in at least quadruplicate, of all absentee ballots returned to the county board of elections to be counted, which have been approved by the county board of elections, 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 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 returned no later than 5:00 p.m. on the day before the election. I certify that the chairman, member, officer, or employee of the board of elections has not delivered ballots for absentee voting to any person other than the voter, by mail or in person, except as provided by law, and have not mailed or delivered ballots when the request for the ballot was received after the deadline provided by law.
This the ........ day of .............,.....
                             ...................................
                                       (Signature of chairman of
                                      county board of elections)
Sworn to and subscribed before me this ......... day of ......,...... Witness my hand and official seal.
          ...................................
                        (Signature of officer
                          administering oath)
          ...................................
                        (Title of officer)'  
No later than 10:00 A.M. on election day, the county board of elections shall cause one copy of the list of executed absentee ballots, which may be a continuing countywide list or a separate list for each precinct, to be immediately deposited as 'first-class' mail to the State Board of Elections.  The board shall retain one copy in the board office for public inspection and the board shall cause two copies of the appropriate precinct list to be delivered to the chief judge of each precinct in the county. The county board of elections shall be authorized to call upon the sheriff of the county to distribute the list to the precincts. 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.
The chief judge shall post one copy of the list immediately in a conspicuous location in the voting place and retain one copy until all challenges of absentee ballots have been heard by the county board of  elections. Challenges shall be made to absentee ballots as provided in G.S. 163-89.
After receipt of the list of absentee voters required by this section the chief judge shall call the name of each person recorded on the list and enter an 'A' in the appropriate voting square on the voter's permanent registration record, or a similar entry on the computer list used at the polls.  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.
(b)	The county board of elections shall prepare, or cause to be prepared, a list in at least duplicate, of all 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 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 returned no later than 5:00 p.m. on the day before the election but before 7:30 p.m. on election day and I further certify that the chairman, member, officer, or employee of the board of elections has not delivered ballots for absentee voting to any person other than the voter, by mail or in person, except as provided by law, and have not mailed or delivered ballots when the request for the ballot was received after the deadline provided by law.
This the ........ day of ............., .....
          ...................................
                    (Signature of chairman of
                   county board of elections)
Sworn to and subscribed before me this ......... day of ......, ...... Witness my hand and official seal.
          ...................................
                    (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 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 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)	All lists required by this section shall be retained by the county board of elections for a period of twenty-two months after which they may then be destroyed.
"§ 163-233.  Applications for absentee ballots; how retained.
The county board of elections shall retain, in a safe place, the original of all applications made for absentee ballots and shall make them available to inspection by the State Board of Elections or to any person upon the directive of the State Board of Elections.
All applications for absentee ballots shall be retained by the county board of elections for a period of one year after which they may be destroyed.
"§ 163-233.1.  Withdrawal of absentee ballots not allowed.
No person shall be permitted to withdraw an absentee ballot after such ballot has been mailed to or returned to the county board of elections.
"§ 163-234.  Counting absentee ballots by county board of elections.
All absentee ballots returned to the county board of elections in the container-return envelopes shall be retained by the board to be counted by the county board of elections as herein provided.
(1)	Only those absentee ballots returned to the county board of elections no later than 7:30 p.m. on the election day in a properly executed container-return envelope shall be counted.
(2)	The county board of elections shall meet at 5:00 P.M. on election day in the board office or other public location in the county courthouse for the purpose of counting all absentee ballots except those which have been challenged before 5:00 P.M. on election day. Any elector of the county shall be permitted to attend the meeting and allowed to observe the counting process, provided the elector shall not in any manner interfere with the election officials in the discharge of their duties.
		Provided, that the county board of elections is authorized to begin counting absentee ballots between the hours of 2:00 P.M. and 5:00 P.M. upon the adoption of a resolution at least two weeks prior to the election wherein the hour and place of counting absentee ballots shall be stated. A copy of the resolutions shall be published once a week for two weeks prior to the election, in a newspaper having general circulation in the county. Notice may additionally be made on a radio or television station or both, but such notice shall be in addition to the newspaper and other required notice. The count shall be continuous until completed and the members shall not separate or leave the counting place except for unavoidable necessity, except that if the count has been completed prior to the time the polls close, it shall be suspended until that time pending receipt of any additional ballots, and except that one-stop ballots under G.S. 163-227.2 counted electronically shall not be counted until the polls close; provided, however, that if there are outstack ballots in the counting device, they may be counted at the same time as other ballots are counted under this subdivision.  The county board of elections may begin putting them in the tabulator at the same time as other ballots are counted under this subdivision if the system for counting one-stop ballots requires them to be put in a tabulator but the process has the voter place them in a ballot box.  The board shall not announce the result of the count before 7:30 P.M.
(3)	The counting of absentee ballots shall not commence until a majority and at least one board member of each political party represented on the board is present and such fact is publicly declared and entered in the official minutes of the county board.
(4)	The county board of elections may employ such assistants as deemed necessary to count the absentee ballots, but each board member present shall be responsible for and observe and supervise the opening and tallying of the ballots.
(5)	As each ballot envelope is opened, the board shall cause to be entered into a pollbook designated 'Pollbook of Absentee Voters' the name of the absentee voter, or if the pollbook is computer generated the board shall check off the name.  Preserving secrecy, the ballots shall be placed in the appropriate ballot boxes, at least one of which shall be provided for each type of ballot.  The 'Pollbook of Absentee Voters' shall also contain the names of all persons who voted under G.S. 163-227.2, but such names may be printed by computer for inclusion in the pollbook.
		After all ballots have been placed in the boxes, the counting process shall begin.
		If one-stop ballots under G.S. 163-227.2 are counted electronically, that count shall commence at the time the polls close.  If one-stop ballots are paper ballots counted manually, that count shall commence at the same time as other absentee ballots are counted.
		If a challenge transmitted to the board on canvass day by a chief judge is sustained, the ballots challenged and sustained shall be withdrawn from the appropriate boxes, as provided in G.S. 163-89(e).
		As soon as the absentee ballots have been counted and the names of the absentee voters entered in the pollbook as required herein, the board members and assistants employed to count the absentee ballots shall each sign the pollbook immediately beneath the last absentee voter's name entered therein. The county board of elections shall be responsible for the safekeeping of the pollbook of absentee voters.
(6)	Upon completion of the counting process the board members shall cause the results of the tally to be entered on the absentee abstract prescribed by the State Board of Elections. The abstract shall be signed by the members of the board in attendance and the original mailed immediately to the State Board of Elections, Raleigh, North Carolina 27602.  The county board of elections may have a separate count on the abstract for one-stop absentee ballots under G.S. 163-227.2.
(7)	One copy of the absentee abstract shall be retained by the county board of elections and the totals appearing thereon shall be added to the final totals of all votes cast in the county for each office as determined on the official canvass.
(8)	In the event a political party does not have a member of the county board of elections present at the meeting to count absentee ballots due to illness or other cause of the member, the counting shall not commence until the county party chairman of said absent member, or a member of the party's county executive committee, is in attendance. Such person shall act as an official witness to the counting and shall sign the absentee ballot abstract as an 'observer.'
(9)	The county board of elections shall retain all container-return envelopes and absentee ballots, in a safe place, for at least four months, and longer if any contest is pending concerning the validity of any ballot.
"§ 163-236.  Violations by county board of elections.
The county board of elections shall be sole custodian of blank applications for absentee ballots, official ballots, and container-return envelopes for absentee ballots. The board shall issue and deliver blank applications for absentee ballots in strict accordance with the provisions of G.S. 163-227(c). The issuance of ballots to persons whose applications for absentee ballots have been approved by the county board of elections under the provisions of G.S. 163-230(3) is the responsibility and duty of the county board of elections.
It shall be the duty of the county board of elections to keep current all records required by this Article and to make promptly all reports required by this Article.  If such duty has been assigned to the chairman, member, officer, or employee of the board of elections, they shall carry out the duty.
The willful violation of this section shall constitute a Class 2 misdemeanor.
"§ 163-237.  Certain violations of absentee ballot law made criminal offenses.
(a)	False Statements under Oath Made Class 2 Misdemeanor. – If any person shall willfully and falsely make any affidavit or statement, under oath, which affidavit or statement under oath, is required to be made by the provisions of this Article, that person shall be guilty of a Class 2 misdemeanor.
(b)	False Statements Not under Oath Made Class 2 Misdemeanor. – Except as provided by G.S. 163-275(16), if any person, for the purpose of obtaining or voting any official ballot under the provisions of this Article, shall willfully sign any printed or written false statement which does not purport to be under oath, or which, if it purports to be under oath, was not duly sworn to, that person shall be guilty of a Class 2 misdemeanor.
(c)	Fraud in Connection with Absentee Vote; Forgery. – Any person attempting to aid and abet fraud in connection with any absentee vote cast or to be cast, under the provisions of this Article, shall be guilty of a misdemeanor.  Attempting to vote by fraudulently signing the name of a regularly qualified voter is a Class I felony.
(d)	Violations Not Otherwise Provided for Made Class 2 Misdemeanors. – If any person shall willfully violate any of the provisions of this Article, or willfully fail to comply with any of the provisions thereof, for which no other punishment is herein provided, that person shall be guilty of a Class 2 misdemeanor. 
"§ 163-238.  Reports of violations to district attorneys.
It shall be the duty of the State Board of Elections to report to the district attorney of the appropriate prosecutorial district, any violation of this Article, or the failure of any person charged with a duty under its provisions to comply with and perform that duty, and it shall be the duty of the district attorney to cause such a person to be prosecuted therefor.
"§ 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.

"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 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."
Sec. 2.  G.S. 163-82.6(d)(1) reads as rewritten:
"(1)	Include those who during that time period are naturalized as citizens of the United States or who are restored to citizenship after a conviction of a felony, and those who were eligible to vote an absentee ballot under Article 21 of this Chapter on the last day to submit voter registration applications in person under G.S. 163-82.6(c)(2), but did not do so, and who are on the day of the election not eligible to vote an absentee ballot under that Article because of not falling within any of the categories under G.S. 163-245(b); but".
Sec. 3.  G.S. 163-82.7(g)(2) reads as rewritten:
"(2)	If the Postal Service has returned as undeliverable a notice sent within 25 days before the election to the applicant under subsection (c) of this section, then the applicant may vote only in person in that first election and may not vote by absentee ballot except in person under G.S. 163-227.2. The county board of elections shall establish a procedure at the voting site for:
a.	Obtaining the correct address of any person described in this subdivision who appears to vote in person; and
b.	Assuring that the person votes in the proper place and in the proper contests.
	If a notice mailed under subsection (c) or subsection (e) of this section is returned as undeliverable after a person has already voted by absentee ballot, then that person's ballot may be challenged in accordance with G.S. 163-89."
Sec. 4.  G.S. 163-137(b) reads as rewritten:
"(b)	The ballots prepared for use in general and special elections under the provisions of this Article by the State Board of Elections shall be printed and delivered to the county boards of elections at least 50 days prior to the date of any election."
Sec. 4.1.  G.S. 163-155(4) reads as rewritten:
"(4)	The affidavit executed by the voter shall be retained by the county board of elections for a period of six months. In those precincts using direct record voting equipment, the county board of elections shall furnish paper ballots of each kind for use by persons authorized to vote outside the voting place by this section.  In any precinct using direct record voting equipment, the county board of elections, with the approval of the State Board of Elections, may provide for all such paper ballots to be transported upon closing of the polls to the office of the county board of elections for counting.  Such ballots may be transported only by the chief judge, judge, assistant, or a sworn officer of the county police department, sheriff's department, or municipal police officer.  Upon receipt by the county board of elections, such ballots shall be counted and canvassed in the same manner as one-stop ballots cast under G.S. 163-227.2, except that rather than the count commencing when the polls close under G.S. 163-234(5) as provided for one-stop ballots, the count shall commence when from all precincts either ballots under this section are received or notification that no such ballots were cast.
		The total for ballots counted by the county board of elections under this subdivision shall be canvassed as if it were a separate precinct."
Sec. 5.  G.S. 163-169(i) reads as rewritten:
"(i)	Absentee Ballots. – Absentee ballots shall be deposited and voted in accordance with the provisions of G.S. 163-227.2 and G.S. 163-234; they shall be counted and tabulated as provided in this section and G.S. 163-170."
Sec. 6.  G.S. 163-302 reads as rewritten:
"§ 163-302.  Absentee voting.
(a)	In any municipal election, including a primary or general election or referendum, conducted by the county board of elections:
(1)	For any city, town, or incorporated village with a population of 5,000 or over according to the most recent decennial federal census is permitted; and
(2)	For any other city, town, or incorporated village or for any municipal election for a special district for which the most recent decennial federal census does not show a population, absentee voting may, upon resolution of the municipal governing body, be permitted. Such resolution must be adopted no later than 60 days prior to an election in order to be effective for that election. Any such resolution shall remain effective for all future elections unless repealed no later than 60 days before an election. A copy of all resolutions adopted under this section shall be filed with the State Board of Elections and the county board of elections conducting the election within 10 days of passage in order to be effective.
Absentee voting shall not be permitted in any municipal election unless such election is conducted by the county board of elections. In addition, absentee voting shall be allowed in any referendum on incorporation of a municipality.
(b)	The provisions of Articles 20 and 21 of this Chapter shall apply to absentee voting in municipal elections, special district elections, and other elections for an area less than an entire county other than elections for the General Assembly, except that the earliest date by which absentee ballots shall be required to be available for absentee voting in such elections shall be 30 days prior to the primary or election or as quickly following the filing deadline specified in G.S. 163-291(2) or G.S. 163-294.2(c) as the county board of elections is able to secure the official ballots. If another election is being held in the same area on the same day, or elsewhere in the county, the cost of per diem for meetings of the county board of elections to approve absentee ballots shall not be considered a cost of the election to be billed to the municipality being created."
Sec. 7.  G.S. 159-61(b) reads as rewritten:
"(b)	The date of a bond referendum shall be fixed by the governing board, but shall not be less than 60 days after the date the election is called nor more than one year after adoption of the bond order. The governing board may call a special referendum for the purpose of voting on a bond issue on any day, including the day of any regular or special election held for another purpose (unless the law under which the bond referendum or other election is held specifically prohibits submission of other questions at the same time). A special bond referendum may not be held within 30 days before or 10 days after a statewide primary, election, or referendum, or within 30 days before or 10 days after any other primary, election, or referendum to be held in the same unit holding the bond referendum and already validly called or scheduled by law at the time the bond referendum is called. The clerk shall mail or deliver a certified copy of the resolution calling a special bond referendum to the board of elections that is to conduct it within three days after the resolution is adopted, but failure to observe this requirement shall not in any manner affect the validity of the referendum or bonds issued pursuant thereto. Bond referenda shall be conducted by the board of elections conducting regular elections of the county, city, or special district. In fixing the date of a bond referendum, the governing board shall consult the board of elections in order that the referendum shall not unduly interfere with other elections already scheduled or in process. Several bond orders or other matters may be voted upon at the same referendum."
Sec. 8.  Section 3.7 of the Charter of the City of High Point, being Chapter 501 of the 1979 Session Laws reads as rewritten:
   "Sec. 3.7.  Absentee voting.  The provisions of Articles 20 and 21 of Chapter 163 of the General Statutes shall be applicable to all municipal elections and primaries in the City of High Point.  The Guilford County Board of Elections shall administer the absentee voting laws for all municipal elections in the City of High Point and is hereby authorized to adopt rules and regulations which may be necessary to adapt the procedures of Articles 20 and 21 of Chapter 163 to municipal elections."
Sec. 9. Section 5 of Chapter 232 of the 1971 Session Laws reads as rewritten:
	"Sec. 5.  The elections to be held in 1972 and thereafter shall be held and conducted by the County Board of Elections and said elections shall be conducted under the same laws, rules and regulations governing elections for county officers. Any qualified voter residing in the Administrative Unit shall be eligible to seek office to the Board of Trustees, and to vote in said elections."
Sec. 10.  Section 4.8 of the Charter of the Town of Cary, being Chapter 868 of the 1971 Session Laws, is repealed.
Sec. 11.  Section 4.3 of the Charter of the Town of Mebane, being Chapter 514 of the 1973 Session Laws, is repealed.
Sec. 12.  Chapter 91 of the 1977 Session Laws is repealed.
Sec. 13.  Section 5.18 of the Charter of Bessemer City, being Chapter 1018 of the 1981 Session Laws is repealed.
Sec. 14.  Section 5 of Chapter 442 of the 1977 Session Laws is repealed.
Sec. 15.  Section 1 of Chapter 603 of the 1977 Session Laws reads as rewritten:
"Section 1. The Orange County Board of Education shall be elected on a nonpartisan basis at the time of the primary election in 1978 and biennially thereafter.  The names of the candidates shall be printed on the ballots without reference to any party affiliation.  The election and runoff election method shall be used with the results determined as provided in G.S. 163-293.  Except as may be otherwise provided herein, the elections shall be conducted according to the provisions of Chapter 163 of the General Statutes governing elections for county officers."
Sec. 16.  Section 6 of Chapter 633 of the 1977 Session Laws is repealed.
Sec. 17.  The last two sentences of Section 4 of Chapter 126, Session Laws of 1963, as amended by Chapter 22, Session Laws of 1977, as amended by Section 1 of Chapter 89, Session Laws of 1979, reads as rewritten:
"All candidates for membership of the consolidated school system for the various districts shall file a notice of such candidacy no earlier than the first Monday in July, and no later than 12:00 noon on the third Friday in August preceding the general election and each candidate shall pay a filing fee of ten dollars ($10.00) and shall certify in writing the election district for which the candidate is filing and that the candidate is a bona fide resident and qualified voter thereof.  The election of members for the consolidated school system shall be held, conducted and supervised by the Haywood County Board of Elections and, except as otherwise provided herein, such election shall be held in accordance with the laws and regulations for the election of county officers.  "
Sec. 18.  Section 3 of Chapter 81 of the 1985 Session Laws is repealed.
Sec. 19. (a)	Except as provided by subsection (b) of this section, to the extent of the conflict, this act prevails over any local act in conflict with it.
(b)	This act does not amend or repeal:
(1)	Section 12 of Chapter 763 of the 1981 Session Laws;
(2)	Chapter 1157 of the 1981 Session Laws;
(3)	Chapters 192 or 978 of the 1983 Session Laws;
(4)	Chapter 935 of the 1983 Session Laws;
(5)	Chapter 359 of the 1987 Session Laws;
(6)	Section 11(a) of Chapter 391 of the 1991 Session Laws; or
(7)	Chapter 35 of the 1993 Session Laws.
Sec. 20.  This act applies to elections held on or after January 1, 1996, except that the State Board of Elections may issue rules required or permitted by this act prior to that date.