A BILL TO BE ENTITLED
AN ACT TO MAKE IMPROVEMENTS TO THE ABSENTEE VOTING LAWS, ESPECIALLY TO IMPROVE THE ABILITY OF MILITARY AND OVERSEAS VOTERS TO CAST TIMELY BALLOTS.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑248 reads as rewritten:
"§ 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 approve an official 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.  The State Board of Elections may provide for the register to be kept by electronic data processing equipment, and a copy or a supplement of new information shall be printed out each business day.The register of military 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.
(b)	Absentee Ballot Form. – Persons entitled to vote by absentee ballot under the terms of this Article shall be furnished with regular official ballots; separate or distinctly marked absentee ballots shall not be used. 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 60 days before the statewide general election in even‑numbered years and not later than 50 days before the primary or any other 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 chairman of the county board of elections. The container‑return envelopes shall be printed and available for use not later than 60 days before the statewide general election in even‑numbered years and not later than 50 days before the primary or any other 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 chairman of the county board of elections may insert the name of the applicant, the number assigned his application, and the designation of the precinct in which  the applicant is registered.
(2)	On the other side shall be printed the return address of the chairman 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 armed forces of the United States
[ ] The spouse of a member of the armed forces of the United States residing outside the county of my spouse's residence
[ ] A disabled war veteran in a United States government hospital
[ ] A civilian attached to and serving outside the United States with the armed forces of the United States
[ ] A member of the Peace Corps
[ ] A United States citizen currently outside the United States
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 he 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, postal zone, State, and zip code]
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  name and address of  witness] this ________ day of ____________, ________.
	
(Signature of voter)
Signature of witness	
Address of witness	
Note: This certificate must be witnessed by a person who is 18 years of age or older, and must contain  the signature and address of the witness."
(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 chairman of the county board of elections. The instruction sheets shall be printed and available for use not later than the date of ballot availability."
SECTION 2.  G.S. 163‑227.3(a) reads as rewritten:
"(a)	A board of elections shall provide absentee ballots of the kinds needed 60 days prior to the statewide general election in even‑numbered years and 50 days prior to the date on which any other election shall be conducted, unless 45 days is authorized by the State Board of Elections under G.S. 163‑22(k) or there shall exist an appeal before the State Board or the courts not concluded, in which case the board shall provide the ballots as quickly as possible upon the conclusion of such an appeal. However, in the case of municipal elections, absentee ballots shall be made available no later than 30 days before an election. In every instance the board of elections shall exert every effort to provide absentee ballots, of the kinds needed by the date on which absentee voting is authorized to commence."
SECTION 3.  G.S. 163‑228 reads as rewritten:
"§ 163‑228.  Register of absentee requests, applications, and ballots issued; a public record.
The State Board of Elections shall approve an official register in which the county board of elections in each county of the State shall record the following information:
(1)	Name of voter for whom application and ballots are being requested, and, if applicable, the name and address of the voter's near relative or verifiable legal guardian who requested the application and ballots for the voter.
(2)	Number of assigned voter's application when issued.
(3)	Precinct in which applicant is registered.
(4)	Address to which ballots are to be mailed, or, if the voter voted pursuant to G.S. 163‑227.2, a notation of that fact.
	(6)	Date request for application for ballots is received by the county board of elections.
(7)	The voter's party affiliation.
(8)	The date the ballots were mailed or delivered to the voter.
(9)	Whatever additional 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, and a copy shall be printed out each business day or a supplement printed out each business day of new information.
The register of absentee requests, 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 60 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."
SECTION 4.  G.S. 163‑229 reads as rewritten:
"§ 163‑229.  Absentee ballots, applications on container‑return envelopes, and instruction sheets.
(a)	Absentee Ballot Form. – In accordance with the provisions of G.S. 163‑230.1, persons entitled to vote by absentee ballot shall be furnished with official ballots.
(b)	Application on Container‑Return Envelope. – In time for use not later than 60 days before a statewide general election in an even‑numbered year, and not later than 50 days before a statewide primary, other 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 have printed on it an application which shall be designed and prescribed by the State Board of Elections, the voter's certification of eligibility to vote the enclosed ballot and of having voted the enclosed ballot in accordance with this Article, a space for identification of the envelope with the voter, and a space for approval by the county board of elections. The envelope shall allow reporting of a change of name as provided by G.S. 163‑82.16. The container‑return envelope shall be printed in accordance with the instructions of the State Board of Elections.
(c)	Instruction Sheets. – In time for use not later than 60 days before a statewide general election in an even‑numbered year, and not later than 50 days before a statewide primary, other 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."
SECTION 5.  G.S. 163‑230.1(a2) reads as rewritten:
"(a2)	Delivery of Absentee Ballots and Container‑Return Envelope to Applicant. – When the county board of elections receives a request for applications and absentee ballots, the board shall promptly issue and transmit them to the voter in accordance with the following instructions:
(1)	On the top margin of each ballot the applicant is entitled to vote, the chair, 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 absentee requests, applications, 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 that barcoding system is approved by the State Board of Elections.
(2)	The chair, 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.
(3)	The chair, 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 voter at the post office address stated in the request, seal the envelope, and mail it at the expense of the county board of elections: Provided, that in case of a request received after 5:00 p.m. on the Tuesday before the election under the provisions of subsection (a1) of this section, in lieu of transmitting the ballots to the voter in person or by mail, the chair, 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 or verifiable legal guardian of the voter.
The county board of elections may receive written requests for applications  at any time prior to the election but shall not mail applications and ballots to the voter or issue applications and ballots in person earlier than 60 days prior to the statewide general election in an even‑numbered year, or earlier than 50 days prior to  any other election, except as provided in G.S. 163‑227.2. No election official shall issue applications for absentee ballots except in compliance with this Article."
SECTION 6.  G.S. 163‑231(a) reads as rewritten:
"(a)	Procedure for Voting Absentee Ballots. – In the presence of a person who is at least 18 years of age, and who is 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 that person 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 person 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 the person's assistance and the person is otherwise authorized by law to give assistance. The person in whose presence the ballot was marked shall sign the application and certificate as a witness and shall indicate that person's 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."
SECTION 7.  G.S. 163‑250 reads as rewritten:
"§ 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 a person who is least 18 years of age, the voter shall:
(1)	Mark the voter's ballots, or cause them to be marked by that person 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  person in whose presence the ballots were marked shall sign the certificate as a witness and shall give that person's address.
(b)	Transmitting Executed Absentee Ballots to Chairman of 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 chairman of the county board of elections who issued them."
SECTION 8.  Article 21 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑258. Emergency powers.
If an international, national, or local emergency or other situation arises that makes substantial compliance with this Article or the Uniformed and Overseas Citizens Absentee Voting Act impossible or unreasonable, as confirmed by an official declaration by the United States Department of State that a state of emergency, civil unrest, war, or other exigency exists in a foreign country such that a travel warning is issued, or by an official declaration by the Governor that a state of emergency exists in this State, or by the existence of an armed conflict involving United States armed forces, or mobilization of those forces, including state national guard and reserve component members residing in this State, the State Board of Elections may prescribe, by emergency rule, such special procedures or requirements as may be necessary to facilitate absentee voting by those absent uniformed services voters or overseas voters directly affected who are eligible to vote in this State. The rule shall become effective when filed with the Codifier of Rules."
SECTION 9.  This act becomes effective January 1, 2010, and applies with respect to elections held on or after that date.