A BILL TO BE ENTITLED
AN ACT to provide at the polls a means of identification for all voters parallel to that required of some voters by the federal help america vote act; to require voters to sign before voting at the polls and at early voting sites; and otherwise to bring north carolina into compliance with the help america vote act.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑166.7 reads as rewritten:
"§ 163‑166.7.  Voting procedures.
(a)	Checking Registration. – A person seeking to vote shall enter the voting enclosure through the appropriate entrance. A precinct official assigned to check registration shall at once ask the voter to state current name and residence address. The voter shall answer by stating current name and residence address. In a primary election, that voter shall also be asked to state, and shall state, the political party with which the voter is affiliated or, if unaffiliated, the authorizing party in which the voter wishes to vote. A precinct official shall ask each voter to provide identification in accordance with subsection (a1) of this section. After examination, that official shall state whether that voter is duly registered to vote in that precinct and shall direct that voter to the voting equipment or to the official assigned to distribute official ballots. If that official states that the person is duly registered, the person shall sign the pollbook, other voting record, or voter authorization document in accordance with subsection (c) of this section before voting.
(a1)	Identification of Voters. – A precinct official shall ask each voter, before that voter is allowed to vote, to present one of the following:
(1)	A current and valid photo identification.
(2)	A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
A voter who does not show one of those documents shall be permitted to cast a provisional official ballot in that voting place at that time.
(b)	Distribution of Official Ballots. – If the voter is found to be duly registered and has not been successfully challenged, the official assigned to distribute the official ballots shall hand the voter the official ballot that voter is entitled to vote, or that voter shall be directed to the voting equipment that contains the official ballot. No voter in a primary shall be permitted to vote in more than one party's primary. The precinct officials shall provide the voter with any information the voter requests to enable that voter to vote as that voter desires.
(c)	The State Board of Elections shall promulgate rules for the process of voting. Those rules shall emphasize the appearance as well as the reality of dignity, good order, impartiality, and the convenience and privacy of the voter. Those rules, at a minimum, shall include procedures to ensure that all the following occur:
(1)	The voting system remains secure throughout the period voting is being conducted.
(2)	Only properly voted official ballots are introduced into the voting system.
(3)	Except as provided by G.S. 163‑166.9, no official ballots leave the voting enclosure during the time voting is being conducted there.
(4)	All improperly voted official ballots are returned to the precinct officials and marked as spoiled.
(5)	Voters leave the voting place promptly after voting.
(6)	Voters not clearly eligible to vote in the precinct but who seek to vote there are given proper assistance in voting a provisional official ballot or guidance to another voting place where they are eligible to vote.
(6a)	The voter identification procedures outlined in subsection (a1) of this section are carried out in a manner that is uniform and nondiscriminatory, that prevents delays in the flow of traffic in the voting place, that avoids harassment or embarrassment, and that complies with federal law. The rules shall provide guidance to the county board of elections in determining how to count provisional official ballots cast because the voter did not present a suitable identification document so that the goal of averting voter fraud is furthered.
(7)	Information gleaned through the voting process that would be helpful to the accurate maintenance of the voter registration records is recorded and delivered to the county board of elections.
(8)	The registration records are kept secure.
(9)	Party observers are given access as provided by G.S. 163‑45 to current information about which voters have voted.
(10)	The voter, before voting, shall sign that voter's name on the pollbook, other voting record, or voter authorization document. If the voter is unable to sign, a precinct official shall enter the person's name on the same document before the voter votes."
SECTION 2.  G.S. 163‑227.2(b) reads as rewritten:
"(b)	Not earlier than the third Thursday before an election, in which absentee ballots are authorized, in which a voter seeks to vote and not later than 1:00 P.M. on the last Saturday before that election, the voter shall appear in person only at the office of the county board of elections, except as provided in subsection (g) of this section. A county board of elections shall conduct one‑stop voting on the last Saturday before the election until 1:00 P.M. and may conduct it until 5:00 P.M. on that Saturday. That voter shall enter the voting enclosure at the board office through the appropriate entrance and shall at once state his or her name and place of residence to an authorized member or employee of the board. An election official shall ask each voter, before that voter is allowed to vote, to present one of the following:
(1)	A current and valid photo identification.
(2)	A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
A voter who does not show one of those documents shall be permitted to cast a provisional official ballot in that voting place at that time.
In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party under G.S. 163‑119, the voter shall state the name of the authorizing political party in whose primary he wishes to vote. The board member or employee to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice. After examining the registration records, an employee of the board shall state whether the person seeking to vote is duly registered. If the voter is found to be registered that voter may request that the authorized member or employee of 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 authorized member or employee of the board, and shall deliver the application to that person."
SECTION 3.  G.S. 163‑231 reads as rewritten:
"§ 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. 163‑237(b1), 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. 163‑229(b) 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.
(a2)	Compliance With Federal Law. – In accordance with federal law, if an individual voting by absentee ballot in a federal election meets all the characteristics listed in this subsection, that individual shall submit with the absentee ballot a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter, or a copy of a current and valid photo identification. The individual who must submit one of those documents with an absentee ballot is one with all the following characteristics:
(1)	The individual registered to vote in the county by mail.
(2)	The individual has not voted previously in an election for federal office in the State.
(3)	The individual did not provide on the voter registration application the individual's valid drivers license number or the last four digits of the individual's social security number or submit with the registration application a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter, or a copy of a current and valid photo identification.
(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 or by commercial courier service, at the voter's expense, or delivered in person, or by the voter's near relative or verifiable legal guardian not later than 5:00 p.m. on the day before the statewide primary or general election or county bond election. If such ballots are received later than that hour, they shall not be accepted for unless federal law so requires."
SECTION 4.  G.S. 163‑82.4 reads as rewritten:
"§ 163‑82.4.  Contents of application form.
(a)	Information Requested of Applicant. – The form required by G.S. 163‑82.3(a) shall request all of the following, the applicant's:
(1)	Name,
(2)	Date of birth,
(3)	Residence address,
(4)	County of residence,
(5)	Date of application,
(6)	Gender,
(7)	Race,
(7a)	Ethnicity,
(8)	Political party affiliation, if any, in accordance with subsection (c) of this section,
	
(10)	Drivers license number or, if the applicant does not have a current and valid drivers license, the last four digits of the applicant's social security number.
and any other information the State Board finds is necessary to enable officials of the county where the person resides to satisfactorily process the application. The form shall require the applicant to state whether currently registered to vote anywhere, and at what address, so that any prior registration can be cancelled. The portions of the form concerning race and ethnicity shall include as a choice any category shown by the most recent decennial federal census to compose at least one percent (1%) of the total population of North Carolina. The county board shall make a diligent effort to complete for the registration records any information requested on the form that the applicant does not complete, but no application shall be denied because an applicant does not state race, ethnicity, gender, or telephone number. If the application requests a telephone number, the application shall conspicuously state that provision of the applicant's telephone number is optional. If the county board maintains voter records on computer, the free list provided under this subsection shall include telephone numbers if the county board enters the telephone number into its computer records of voters.
(a1)	Questions Concerning Citizenship. – The form shall include the questions concerning United States citizenship that federal law requires to appear on the federal voter registration form.
(b)	Notice of Requirements, Attestation, Notice of Penalty, and Notice of Confidentiality. – The form required by G.S. 163‑82.3(a) shall contain, in uniform type, the following:
(1)	A statement that specifies each eligibility requirement (including citizenship) and an attestation that the applicant meets each such requirement, with a requirement for the signature of the applicant, under penalty of a Class I felony under G.S. 163‑275(4).
(2)	A statement that, if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
(3)	A statement that, if the applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
(c)	Party Affiliation or Unaffiliated Status. – The application form described in G.S. 163‑82.3(a) shall provide a place for the applicant to state a preference to be affiliated with one of the political parties in G.S. 163‑96, or a preference to be an "unaffiliated" voter. Every person who applies to register shall state his preference. If the applicant fails to declare a preference for a party or for unaffiliated status, that person shall be listed as "unaffiliated", except that if the person is already registered to vote in the county and that person's registration already contains a party affiliation, the county board shall not change the registrant's status to "unaffiliated" unless the registrant clearly indicates a desire in accordance with G.S. 163‑82.17 for such a change. An unaffiliated registrant shall not be eligible to vote in any political party primary, except as provided in G.S. 163‑119, but may vote in any other primary or general election. The application form shall so state."
SECTION 5.  G.S. 163‑165.7 reads as rewritten:
"§ 163‑165.7.  Voting systems: powers and duties of State Board of Elections.
The State Board of Elections shall have authority to approve types, makes, and models of voting systems for use in elections and referenda held in this State. Only voting systems that have been approved by the State Board shall be used to conduct elections under this Chapter, and the approved systems shall be valid in any election or referendum held in any county or municipality. The State Board may, upon request of a local board of elections, authorize the use of a voting system not approved for general use. The State Board may also, upon notice and hearing, disapprove types, makes, and models of voting systems. Upon disapproving a type, make, or model of voting system, the State Board shall determine the process by which the disapproved system is discontinued in any county. If a county makes a showing that discontinuance would impose a financial hardship upon it, the county shall be given up to four years from the time of State Board disapproval to replace the system. A county may appeal a decision by the State Board concerning discontinuance of a voting system to the superior court in that county or to the Superior Court of Wake County. The county has 30 days from the time of the State Board's decision on discontinuance to make that appeal.
Subject to the provisions of this Chapter, the State Board of Elections shall prescribe rules for the adoption, handling, operation, and honest use of voting systems, including, but not limited to, the following:
(1)	Types, makes, and models of voting systems approved for use in this State.
(2)	Form of official 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 an election.
(9)	Compliance with federal law."
SECTION 6.  G.S. 163‑166.8 reads as rewritten:
"§ 163‑166.8.  Assistance to voters.
(a)	Any registered voter qualified to vote in the election shall be entitled to assistance with entering and exiting the voting booth and in preparing ballots in accordance with the following rules:
(1)	Any voter is entitled to assistance from the voter's spouse, brother, sister, parent, grandparent, child, grandchild, mother‑in‑law, father‑in‑law, daughter‑in‑law, son‑in‑law, stepparent, or stepchild, as chosen by the voter.
(2)	A voter in any of the following four categories is entitled to assistance from a person of the voter's choice, other than the voter's employer or agent of that employer or an officer or agent of the voter's union:
a.	A voter who, on account of physical disability, is unable to enter the voting booth without assistance.
b.	A voter who, on account of physical disability, is unable to mark a ballot without assistance.
c.	A voter who, on account of illiteracy, is unable to mark a ballot without assistance.
d.	A voter who, on account of blindness, is unable to enter the voting booth or mark a ballot without assistance.
(b)	A qualified voter seeking assistance in an election shall, upon arriving at the voting place, request permission from the chief judge to have assistance, stating the reasons. If the chief judge determines that such assistance is appropriate, the chief judge shall ask the voter to point out and identify the person the voter desires to provide such assistance. If the identified person meets the criteria in subsection (a) of this section, the chief judge shall request the person indicated to render the assistance. The chief judge, one of the judges, or one of the assistants may provide aid to the voter if so requested, if the election official is not prohibited by subdivision (a) (2) of this section. Under no circumstances shall any precinct official be assigned to assist a voter qualified for assistance, who was not specified by the voter.
(c)	A person rendering assistance to a voter in an election shall be admitted to the voting booth with the voter being assisted. The State Board of Elections shall promulgate rules governing voter assistance, and those rules shall adhere to the following guidelines:
(1)	The person rendering assistance shall not in any manner seek to persuade or induce any voter to cast any vote in any particular way.
(2)	The person rendering assistance shall not make or keep any memorandum of anything which occurs within the voting booth.
(3)	The person rendering assistance shall not, directly or indirectly, reveal to any person how the assisted voter marked ballots, unless the person rendering assistance is called upon to testify in a judicial proceeding for a violation of the election laws.
(d)	The State Board of Elections shall adopt rules for informing voters in the voting place so that the administration will comply in all elections with what is required by federal law for federal elections."
SECTION 7.  G.S. 163‑182.2(b) reads as rewritten:
"(b)	The State Board of Elections shall promulgate rules for the initial counting of official ballots. All election officials shall be governed by those rules. In promulgating those rules, the State Board shall adhere to the following guidelines:
(1)	For each voting system used, the rules shall specify the role of precinct officials and of the county board of elections in the initial counting of official ballots.
(2)	The rules shall provide for accurate unofficial reporting of the results from the precinct to the county board of elections with reasonable speed on the night of the election.
(3)	The rules shall provide for the prompt and secure transmission of official ballots from the voting place to the county board of elections.
(4)	The rules shall provide for how all provisional official ballots shall be counted, and notification of their counting disclosed, such that the processing of those ballots meets requirements of federal law for provisional ballots in federal elections.
The State Board shall direct the county boards of elections in the application of the principles and rules in individual circumstances."
SECTION 8.  G.S. 132‑1.2 reads as rewritten:
"§ 132‑1.2.  Confidential information.
Nothing in this Chapter shall be construed to require or authorize a public agency or its subdivision to disclose any information that:
(1)	Meets all of the following conditions:
a.	Constitutes a 'trade secret' as defined in G.S. 66‑152(3).
b.	Is the property of a private 'person' as defined in G.S. 66‑152(2).
c.	Is disclosed or furnished to the public agency in connection with the owner's performance of a public contract or in connection with a bid, application, proposal, industrial development project, or in compliance with laws, regulations, rules, or ordinances of the United States, the State, or political subdivisions of the State.
d.	Is designated or indicated as 'confidential' or as a 'trade secret' at the time of its initial disclosure to the public agency.
(2)	Reveals an account number for electronic payment as defined in G.S. 147‑86.20 and obtained pursuant to Articles 6A or 6B of Chapter 147 of the General Statutes or G.S. 159‑32.1.
(3)	Reveals a document, file number, password, or any other information maintained by the Secretary of State pursuant to Article 21 of Chapter 130A of the General Statutes.
(4)	Reveals an individual's drivers license number or a portion of an individual's social security number."
SECTION 9.  This act is effective when it becomes law and applies to all voter registration applications made after that date and to all primaries and elections held after that date.