GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1330
     

 
Short Title:	Military Voting/Internet.	()	
Sponsors:	Representatives Clary, Morris (Primary Sponsors); and Davis.	
Referred to:	Election Law and Campaign Finance Reform.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT allowing internet voting by north carolinians serving the armed forces.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑160 reads as rewritten:
"§ 163‑160.  Voting systems; approval; rules and regulations.
(a)	Except as provided by subsection (b) of this section, the State Board of Elections shall have authority to approve types of voting systems for use in primaries and elections held in this State. The use of voting systems that have been approved by the State Board of Elections in any primary or election held in any county or municipality shall be as valid as the use of paper ballots by the voters.
The State Board of Elections shall prescribe rules and regulations for the adoption, handling, operation, and honest use of voting systems, including, but not limited to, the following:
(1)	Types of voting systems approved for use in this State;
(2)	Form of ballot labels to be used on voting systems;
(3)	Operation and manner of voting on voting systems;
(4)	Instruction of precinct officials in the use of voting systems;
(5)	Instruction of voters in the use of voting systems;
(6)	Assistance to voters using voting systems;
(7)	Duties of custodians of voting systems;
(8)	Examination of voting systems before use in a primary election; and
(9)	Use of paper or other ballots where voting systems are used as set out in G.S. 163‑162.
(b)	The Secretary of State shall take all steps necessary to implement, in accordance with Article 21A of this Chapter, an Internet voting system for persons in the armed forces and their spouses, for certain veterans, and for civilians working with the armed forces."
SECTION 2.  Chapter 163 of the General Statutes is amended by adding a new Article to read:
"Article 21A.
"Internet Military Absentee Registration and Voting in Primary and General Elections.
"§ 163-258.  Persons in armed forces, their spouses, certain veterans, and civilians working with armed forces may vote via the Internet.
(a)	Any individual who is registered and who is qualified to vote in any Statewide primary or election held under the laws of this State, and who is absent from the county of his or her residence in any of the capacities specified in subsection (b) of this section, shall be entitled to vote via the Internet in the manner provided in this Article.
(b)	The provisions of this Article shall apply to the following persons:
(1)	Persons serving in the armed forces of the United States, including (but not limited to) the army, the navy, the air force, the marine corps, the coast guard, the Army Nurse Corps, the Navy Nurse Corps, the Women's Navy Reserve, the Marine Corps Women's Reserve, the Women's Army Corps, the Merchant Marine, and members of the national guard and military reserve who on the day of a primary or general election are absent on active duty.
(2)	Spouses of persons serving in the armed forces of the United States residing outside the counties of their spouses' voting residence. 
(3)	Disabled war veterans in United States government hospitals. 
(4)	Civilians attached to and serving outside the United States with the armed forces of the United States.
"§ 163-258.1.  Establishment of Internet voting for armed forces personnel; Secretary of State to implement Internet-based voting system.
(a)	The Secretary of State, shall develop and implement an Internet-based voting system to facilitate absentee voting by armed forces personnel wherever they may be, whether in-State, out-of-State, or overseas. The system shall encompass both software development and purchasing of the necessary hardware for the Internet voting system.
(b)	The Internet voting system for military personnel shall:
(1)	Allow the Secretary of State to issue digital certificates.
(2)	Transmit encrypted information over a secure network.
(3)	Provide for secure identification and authentication of:
a.	Any information transmitted on the system.
b.	All elections officials and their servers and all other related electronic equipment being used by State and county elections officials supervising or responsible for elections.
(4)	Protect the privacy, anonymity, and integrity of each voter's ballot.
(5)	Prevent the casting of multiple ballots in any one election cycle by any voter.
(6)	Provide protection against abuse, including tampering, fraudulent use, and illegal manipulation by voters, elections officials, or any other individual or group.
(7)	Provide uninterrupted, reliable availability during the voting periods established by this Chapter.
(8)	Legibly convey all requirements mandated by this Chapter to be included on ballots.
(9)	Be upgradeable, and readily accessible and easy to use for all voters voting under this Article.
(10)	Be capable of archiving votes, allowing recounts, and being audited as to contents, results, and process at a level sufficient to guarantee the integrity of the voting system and the public's confidence in the voting system.
(11)	Include an Internet website that securely receives and tabulates ballots and is maximally resistant to being interrupted or shutdown by denial of service, computer virus, or other attack.
(c)	The Secretary of State shall implement the system so that each county board of elections can:
(1)	Assure that each registered voter is qualified to vote.
(2)	Ensure a secure registration list to verify that each voter who logs in to vote via the Internet is in fact the same person who has qualified and legally registered.
(3)	Verify that votes transmitted to the county are private and secure and have not been viewed or altered by sites that lie between the voting location and the vote counting destination.
(4)	Verify that all votes cast were indeed counted and attributed correctly.
(d)	The Secretary of State shall coordinate with the Department of Defense to facilitate the State's participation in the Department's military Internet voting pilot system. The Secretary of State shall supervise the State's effort in linking, as may be required, Department of Defense servers, routers, and other equipment with the State's Internet voting system.
(e)	The Secretary of State shall adopt all rules, policies, and technical requirements necessary to carry out the purpose of this Article. The State Board of Elections and the county boards of elections shall comply with the rules, policies, and technical requirements of the Secretary of State.
"§ 163-258.2  Provisions of Article 20 applicable except as otherwise provided.
Except as otherwise provided in this Article, Internet voting by individuals to whom this Article is applicable shall be governed by the provisions of Article 20 of this Chapter."
SECTION 3.  This act is effective when it becomes law.