A BILL TO BE ENTITLED
AN ACT to reform the election laws for the purpose of making voting simpler and fairer.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 163‑165.6(e) reads as rewritten:
"(e)	Straight‑Party Voting. – Each official ballot shall be arranged so that the voter may cast one vote for a party's nominees for all offices. The official ballot shall be prepared so that a voter may cast a straight‑party vote, but then make an exception to that straight‑party vote by voting for a candidate not nominated by that party or by voting for fewer than all the candidates nominated by that party. Instructions for general election ballots shall clearly advise voters of the rules in this subsection and of the statutes providing for the counting of ballots."
SECTION 1.(b)  G.S. 163‑182.1(a)(7) reads as rewritten:
"(7)	Straight‑party ticket and split‑ticket votes shall be counted in general elections according to the following guidelines:
a.	If a voter casts a vote for a straight‑party ticket, that vote shall be counted for all the candidates of that party in the partisan ballot items on that official ballot except as otherwise provided in this subdivision.
b.	If a voter casts a vote for a straight‑party ticket and also votes in a partisan ballot item for a candidate not of that party, the official ballot shall be counted in that ballot item only for the individually marked candidate. In partisan ballot items where no mark is made for an individual candidate, the official ballot shall be counted for the candidates of the party whose straight ticket the voter voted.
c.	If a voter casts a vote for a straight‑party ticket and also casts a write‑in vote in any partisan ballot item, the straight‑party ticket vote shall not control the way the official ballot is counted in that ballot item, except to the extent it would control in the case of crossover voting under this subdivision. The following principles shall apply:
1.	If the write‑in vote is proper under subdivision (6) of this subsection, that write‑in candidate shall receive a vote.
2.	If the write‑in vote is not proper under subdivision (6) of this subsection and no other candidate is individually marked in that ballot item, then no vote shall be counted in that ballot item.
3.	If the straight‑ticket voter casts both write‑in votes and individually marked votes for ballot candidates in a ballot item, then the write‑in and individually marked votes shall be counted unless the write‑in is not proper under subdivision (6) of this subsection or an overvote results."
SECTION 2.(a)  G.S. 163‑166.12 reads as rewritten:
"§ 163‑166.12.  Voter identification.
(a)	Voting in Person. –Every individual seeking to vote in person shall present to a local election official at a voting place or one‑stop (early voting) site before voting there one of the following:
(1)	A current and valid photo identification.
(2)	A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(b)	Voting Mail‑In Absentee. – An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, in order to cast a mail‑in absentee vote, shall submit with the mailed‑in absentee ballot one of the following:
(1)	A copy of a current and valid photo identification.
(2)	A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(b1)	The county board of elections shall note the type of identification proof submitted by the voter under the provisions of subsection (a) or (b) of this section and may dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records.
(c)	The Right to Vote Provisionally. – If an individual is required under subsection (a) or (b) of this section to present identification in order to vote, but that individual does not present the required identification, that individual may vote a provisional official ballot. If the voter is at the voting place, the voter may vote provisionally there without unnecessary delay. If the voter is voting by mail‑in absentee ballot, the mailed ballot without the required identification shall be treated as a provisional official ballot.
(d)	Exemptions. –Subsection (b) of this section does not apply to any of the following:
(1)	An individual who registers by mail and submits as part of the registration application either of the following:
a.	A copy of a current and valid photo identification.
b.	A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document.
(2)	An individual who registers by mail and submits as part of the registration application the individual's drivers license number or at least the last four digits of the individual's social security number where an election official matches either or both of the numbers submitted with an existing State identification record bearing the same number, name, and date of birth contained in the submitted registration.
(3)	An individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act.
(4)	An individual who is entitled to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act.
(5)	An individual who is entitled to vote otherwise than in person under any other federal law."
SECTION 2.(b)  G.S. 163‑166.7(a) reads as rewritten:
"(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 and to present an identification document in accordance with G.S. 163‑166.12. 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. 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 a precinct 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."
SECTION 2.(c)  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 and present an identification document in accordance with G.S. 163‑166.12. 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. 163‑227.2(g) reads as rewritten:
"(g)	Notwithstanding any other provision of this section, a county board of elections by unanimous vote of all its members may provide for one or more sites in that county for absentee ballots to be applied for and cast under this section. Every individual staffing any of those sites shall be a member or full‑time employee of the county board of elections or an employee of the county board of elections whom the board has given training equivalent to that given a full‑time employee. Those 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. The Plan for Implementation shall include a provision for the presence of political party observers at each one‑stop site equivalent to the provisions in G.S. 163‑45 for party observers at voting places on election day. A county board of elections may propose in its Plan not to offer one‑stop voting at the county board of elections office; the State Board may approve that proposal in a Plan only if the Plan includes at least one site reasonably proximate to the county board of elections office and the State Board finds that the sites in the Plan as a whole provide adequate coverage of the county's electorate. If a county board of elections has considered a proposed Plan or Plans for Implementation and has been unable to reach unanimity in favor of a Plan, a member or members of that county board of elections may petition the State Board of Elections to adopt a plan for it. If petitioned, the State Board may also receive and consider alternative petitions from another member or members of that county board. The State Board of Elections may adopt a Plan for that county. The State Board, in that plan, shall take into consideration factors including geographic, demographic, and partisan interests of that county."
SECTION 4.  G.S. 163‑165.6(d) reads as rewritten:
"(d)	Order of Party Candidates on General Election Official Ballot. – Candidates in any ballot item on a general election official ballot shall appear in the following order:
(1)	Nominees of political parties that reflect at least five percent (5%) of statewide voter registration, according to the most recent statistical report published by the State Board of Elections, in rotating order by party and in alphabetical order within the party. Those parties shall rotate every three years, and if there are more than two parties in that category, then the order among those parties shall be determined by lot, with no party being eligible for the first position for three years after it has had that position.
(2)	Nominees of other political parties, in alphabetical order by party and in alphabetical order within the party.
(3)	Unaffiliated candidates, in alphabetical order."
SECTION 5.  All municipal elections shall be held on the days specified in G.S. 163‑279. All local acts in conflict with G.S. 163‑279 are repealed to the extent of the conflict.
SECTION 6.  The State Board of Elections shall prepare a feasible plan to implement voting on the Internet or determine that such a plan is not feasible. The State Board shall report on that plan to the 2007 General Assembly by March 1, 2007.
SECTION 7.  Article 17 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 165-203.  Dividing counties limited in congressional plans.
An act of the General Assembly that revises districts for the United States House of Representatives shall divide counties only where necessary to achieve single‑member districts and to comply with the State Constitution and with federal law in achieving required population equality and avoiding racial discrimination."
SECTION 8.  G.S. 163‑165.7 reads as rewritten:
§ 163‑165.7.  (Effective January 1, 2006) 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 use guidelines, information, testing reports, certification, decertification, recertification, and any relevant data produced by the Election Assistance Commission, its Standards Board, its Board of Advisors, or the Technical Guidelines Development Committee as established in Title II of the Help America Vote Act of 2002 with regard to any action or investigation the State Board may take concerning a voting system. The State Board may use, for the purposes of voting system certification, laboratories accredited by the Election Assistance Commission under the provisions of section 231(2) of the Help America Vote Act of 2002. The State Board shall approve only voting systems that have been approved by the National Association of State Election Directors. 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 section 301 of the Help America Vote Act of 2002."
SECTION 9.  This act becomes effective January 1, 2006, and applies to primaries and elections held on or after that date.