GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 580
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Short Title: SBOE Legislative Changes.-AB |
(Public) |
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Sponsors: |
Representatives Dahle, Baker, Buansi, and Rubin (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Rules, Calendar, and Operations of the House |
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April 1, 2025
A BILL TO BE ENTITLED
AN ACT to make various elections law changes, as recommended by the north carolina state board of elections.
The General Assembly of North Carolina enacts:
PART I. PRESERVING CONFIDENTIALITY OF ABSENTEE REQUESTERS
SECTION 1.1. G.S. 163‑228(c) reads as rewritten:
"(c) The official
register required by this section section, along with any other
information in the possession of the State Board or a county board which would
disclose that an identifiable voter has requested an absentee ballot, shall
be confidential and not a public record until the opening of the voting place
in accordance with G.S. 163‑166.25, at which time the official
register these records shall constitute a public record.public
records, unless otherwise protected from disclosure by law."
SECTION 1.2. G.S. 163‑233(b) reads as rewritten:
"(b) The county board of elections shall create a list of applications made for absentee ballots received and approved by the county board, which shall be updated daily from the date the county board begins to mail application and ballots through the date of canvass. Such list shall be a public record."
PART II. REVISIONS TO BALLOT COUNTING PROCEDURES
SECTION 2.1. G.S. 163‑182.2(a), as amended by Section 3A.4(e) of S.L. 2024‑57, reads as rewritten:
"(a) The initial counting of official ballots cast on election day and under Part 5 of Article 14A of this Chapter shall be conducted according to the following principles:
(1) Vote counting of ballots
cast at the precinct on election day shall occur immediately after the polls
close and shall be continuous until completed. If ballots cast under Part 5
of Article 14A of this Chapter are counted electronically, that count shall
commence at the time the polls close. If ballots cast under Part 5 of Article
14A of this Chapter are paper ballots counted manually, that count shall
commence at the same time as mail‑in absentee ballots cast under Article
20 or Article 21A of this Chapter are counted.Vote counting of ballots
cast during early voting shall commence at 5:00 P.M. on election day. Vote
counting of ballots cast during early voting may commence between the hours of
9:00 A.M. and 5:00 P.M. on election day upon the adoption of a resolution at
least two days before the election in which the hour and place of counting the
ballots shall be stated. A copy of the resolution shall be posted on the county
board's website and distributed to all persons required to receive notice under
G.S. 143‑318.12(b)(2). The county board shall not announce the
result of the count before 7:30 P.M. on election day.
(4) If the county board finds
that an individual voting a provisional official ballot (i) was registered in
the county as provided in 163‑82.1, (ii) voted in the proper precinct
under G.S. 163‑55 and G.S. 163‑57, and (iii) was
otherwise eligible to vote, the provisional official ballots shall be counted
by the county board no later than 5:00 P.M. on the third business day
after the election. County boards may review for approval provisional
ballots cast during early voting and take preparatory steps for the count
before election day with the same procedures used for absentee ballots under G.S. 163‑234(3),
so long as the preparatory steps do not reveal to any individual not engaged in
the actual count election results before 7:30 P.M. on election day. Except
as provided in G.S. 163‑82.15(e), if the county board finds that an
individual voting a provisional official ballot (i) did not vote in the proper
precinct under G.S. 163‑55 and G.S. 163‑57, (ii) is not
registered in the county as provided in G.S. 163‑82.1, or (iii) is
otherwise not eligible to vote, the ballot shall not be counted. If a voter was
properly registered to vote in the election by the county board, no mistake of
an election official in giving the voter a ballot or in failing to comply with
G.S. 163‑82.15 or G.S. 163‑166.11 shall serve to prevent
the counting of the vote on any ballot item the voter was eligible by
registration and qualified by residency to vote. When an individual has
voted a provisional official ballot after completing an affidavit under G.S. 163‑166.16(d),
and the county board has not found the affidavit to be valid by the time
specified in this subdivision for counting provisional ballots because the
county board has grounds to believe the affidavit is false, the county board
shall determine whether to count the provisional official ballot by the county
canvass.
."
SECTION 2.2. G.S. 163‑230.1, as amended by Section 3A.4(f) of S.L. 2024‑57, reads as rewritten:
"§ 163‑230.1. Simultaneous issuance of absentee ballots with application.
(e1) Curable Deficiencies. If a container‑return envelope contains a curable deficiency, the county board shall promptly notify the voter of the deficiency and the manner in which the voter may cure the deficiency. Curable deficiencies are deficiencies that can be cured with supplemental documentation or attestation provided by the voter, including when any of the following occurs:
(1) The voter did not sign the voter certification as required by G.S. 163‑231(a)(4).
(2) The voter signed the application in the wrong place on the application.
(3) The voter failed to include with the container‑return envelope a photocopy of identification described in G.S. 163‑166.16(a) or an affidavit as described in G.S. 163‑166.16(d)(1), (d)(2), or (d)(3), as required by subsection (f1) of this section.
The identification of the two
persons witnessing the casting of the absentee ballot in accordance with
G.S. 163‑231(a) is not a curable deficiency. Any container‑return
envelope with a curable deficiency that is transmitted to the county board
shall be considered timely if cure documentation is received no later than
12:00 P.M. on the third fourth business day after the election.
Cure documentation may be transmitted via email to the county board if the
deficiency is one described in subdivision (3) of this subsection. The
notification of voters regarding curable deficiencies is an administrative task
that may be performed by county board staff and is not required to be performed
at an absentee meeting as provided for in subsection (f) of this section. The
voter shall be notified of curable deficiencies by mail, and by telephone or
email if the telephone number or email address was provided by the voter on the
request form for absentee ballots.
(f) Required Meeting of
County Board of Elections. During the period commencing on the fifth Tuesday
before an election, election through election day in any
election in which absentee ballots are authorized, the county board shall
hold one or more public meetings each Tuesday at 5:00 P.M. for the purpose of
action on applications for absentee ballots. At these meetings, the county
board shall pass upon applications for absentee ballots.
If the county board changes the
time of holding its meetings or provides for additional meetings in accordance
with the terms of this subsection, notice of the change in hour and notice of
the schedule of additional meetings, if any, shall be published in a
newspaper circulated in the county at least 30 days prior to the election.posted
on the county board's website and distributed to all persons required to
receive notice under G.S. 143‑318.12(b)(2) at least two days before
any changed or additional meeting.
At the time the county board makes its decision on an application for absentee ballots, the county board shall enter in the appropriate column in the register of absentee requests, 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 county board on the validity of an application for absentee ballots shall be final subject only to such review as may be necessary in the event of an election contest. The county board shall constitute the proper official body to pass upon the validity of all applications for absentee ballots received in the county; this function shall not be performed by the chair or any other member of the county board individually.
."
SECTION 2.3. G.S. 163‑234, as amended by Section 3A.4(g) of S.L. 2024‑57, reads as rewritten:
"§ 163‑234. Counting absentee ballots by county board.
All absentee ballots returned to the county board in the container‑return envelopes shall be retained by the county board to be counted by the county board as follows:
(2) The county board shall
meet at 5:00 P.M. on election day in the county 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 and those received pursuant to G.S. 163‑231(b)(2). Any elector
of the county shall be permitted to attend the meeting and allowed to observe
the counting process, so long as the elector does not in any manner interfere
with the election officials in the discharge of their duties. The count of
these absentee ballots shall be continuous until completed, and the members
shall not separate or leave the counting place except for unavoidable
necessity.The county board shall not adjourn the meeting until the count
of these absentee ballots is complete.
The county
board may begin counting absentee ballots issued under Article 21A of this
Chapter between the hours of 9:00 A.M. and 5:00 P.M. and may begin
counting all 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 days prior to the
election in which the hour and place of counting absentee ballots shall be
stated. A copy of the resolution 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 the 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. posted
on the county board's website and distributed to all persons required to
receive notice under G.S. 143‑318.12(b)(2). Nothing in this
section prohibits a county board from taking preparatory steps for the count
earlier than the times specified in this section, as long as the preparatory
steps do not reveal to any individual not engaged in the actual count election
results before the times specified in this subdivision for the count to begin.
By way of illustration and not limitation, a preparatory step for the count
would be the entry of tally cards from direct record electronic voting units
into a computer for processing. The county board shall not announce the result
of the count before 7:30 P.M.
(11) The county board shall meet after the day of the election and prior to the day of canvass to count absentee ballots received pursuant to G.S. 163‑231(b)(2) and absentee ballots that have deficiencies that have been cured pursuant to G.S. 163‑230.1(e), upon the adoption of a resolution pursuant to subdivision (2) of this section. The county board shall comply with all other requirements of this section and G.S. 163‑230.1 for the counting of these absentee ballots.
(12) No later than 5:00 P.M. on
the third business day after the election, the county board shall announce the
tally of all absentee ballots, except those subject to a challenge or challenge,
those cast in accordance with Article 21A of this Chapter.Chapter,
or those for which a final decision on a cured deficiency remains pending."
PART III. POLL WORKER ASSIGNMENT FLEXIBILITY
SECTION 3.1. G.S. 163‑41 reads as rewritten:
"§ 163‑41. Precinct chief judges and judges of election; appointment; terms of office; qualifications; vacancies; oaths of office.
(a) Appointment of Chief
Judge and Judges. At the meeting required by G.S. 163‑31 to be
held on the Tuesday following the third Monday in August of the year in which
they are appointed, the county board of elections shall appoint one person to
act as chief judge and two other persons to act as judges of election for each
precinct in the county. Their terms of office shall continue for two years from
the specified date of appointment and until their successors are appointed and
qualified, except that if a nonresident of the precinct is appointed as chief
judge or judge for a precinct, that person's term of office shall end if the
board of elections appoints a qualified resident of the precinct of who
is affiliated with the same party party, or a qualified resident
regardless of party affiliation if the nonresident was unaffiliated, to
replace the nonresident chief judge or judge. It shall be their duty to conduct
the primaries and elections within their respective precincts. Persons
appointed to these offices must be registered voters and residents of the
county in which the precinct is located, of good repute, and able to read and
write. Not more than one judge in each precinct shall belong to be
affiliated with the same political party as the chief judge. Not more
than one judge in each precinct shall be appointed upon the recommendation of
the same political party that recommended the chief judge.
(c) The chairman chair
of each of the two political party parties in the
county having the greatest numbers of registered voters in the State, where
possible possible, shall recommend two four registered
voters in each precinct who are otherwise qualified, are residents of the
precinct, have good moral character, and are able to read and write, for
appointment as chief judge or judge in the precinct, and he shall
also recommend where possible the same number of similarly qualified voters for
appointment as judges of election in that precinct. If such recommendations
are received by the county board of elections no later than the fifth day
preceding the date on which appointments are to be made, it must make precinct
appointments from the names of those recommended. Provided that if the party
chair submits only one qualified name is submitted by the fifth
day preceding the date on which appointments are to be made, by a party for
judge of election by the chairman of one of the two political parties in the
county having the greatest numbers of registered voters in the State, for
judge of election by that date, the county board of elections must appoint
that person.
If the recommendations of the party
chairs for chief judge or judge in a precinct are insufficient, the county
board of elections by unanimous vote of all bipartisan majority vote of
its members may name to serve as chief judge or judge in that precinct registered
voters in that precinct who were not recommended by the party chairs. If, after
diligently seeking to fill the positions with registered voters of the
precinct, the county board still has an insufficient number of officials for
the precinct, the county board by unanimous vote of all bipartisan
majority vote of its members may appoint to the positions registered voters
in other precincts in the same county who meet the qualifications other than
residence to be precinct officials in the precinct, provided that where
possible the county board shall seek and adopt the recommendation of the
county chairman of the political party affected. the recommendations of
the county party chairs. In making its appointments, the county board shall
assure, wherever possible, that no precinct has a chief judge and judges all of
whom are registered affiliated with or recommended by the
same party. In no instance shall the county board appoint nonresidents of
the precinct to a majority of the three positions of chief judge and judge in a
precinct.The county board shall assure, where possible, that no precinct
has a chief judge and judges all of whom are nonresidents of the precinct.
(d) If, at any time other
than on the day of a primary or election, a chief judge or judge of election
shall be removed from office, or shall die or resign, or if for any other cause
there be a vacancy in a precinct election office, the chairman chair of
the county board of elections shall appoint another in his or her place,
promptly notifying him of his or her of the appointment. If at
all possible, the chairman chair of the county board of elections
shall consult with the county chairman chair of the political
party of that originally recommended the vacating official, and
if the chairman chair of the county political party nominates a
qualified voter of that precinct to fill the vacancy, the chairman chair
of the county board of elections shall appoint that person. In filling such
a vacancy, the chairman chair shall appoint a person who belongs
to is affiliated with the same political party as that to which of
the party chair who originally recommended the vacating member belonged
when appointed. official or is unaffiliated. If the chairman chair
of the county board of elections did not appoint a person upon
recommendation of the chairman chair of the party to fill such a
vacancy, then the term of office of the person appointed to fill the vacancy
shall expire upon the conclusion of the next canvass held by the county board
of elections under this Chapter, and any successor must be a person
nominated by the chairman of the party of the vacating officer.appointed
using the procedures in subsection (c) of this section, with the chair of the
political party recommending two qualified voters for each vacancy to be
filled.
If any person appointed chief judge
shall fail to be present at the voting place at the hour of opening the polls
on primary or election day, or if a vacancy in that office shall occur on
primary or election day for any reason whatever, the precinct judges of
election shall appoint another to act as chief judge until such time as the chairman
chair of the county board of elections shall appoint to fill the
vacancy. If such appointment by the chairman chair of the county
board of elections is not a person nominated by the county chairman chair
of the political party of the vacating officer, then the term of office of
the person appointed to fill the vacancy shall expire upon the conclusion of
the next canvass held by the county board of elections under this Chapter. If a
judge of election shall fail to be present at the voting place at the hour of
opening the polls on primary or election day, or if a vacancy in that office
shall occur on primary or election day for any reason whatever, the chief judge
shall appoint another to act as judge until such time as the chairman chair
of the county board of elections shall appoint to fill the vacancy. Persons
appointed to fill vacancies shall, whenever possible, be chosen from affiliated
with or recommended by the same political party as the person whose vacancy
is being filled, and all such appointees shall be sworn before acting.
."
SECTION 3.2. G.S. 163‑42 reads as rewritten:
"§ 163‑42. Assistants at polls; appointment; term of office; qualifications; oath of office.
(a) Each county board of
elections is authorized, in its discretion, to appoint two or more assistants
for each precinct to aid the chief judge and judges. Not more than two
assistants shall be appointed in precincts having 500 or less registered voters.
Assistants shall be qualified voters of the county in which the precinct is
located. When the board of elections determines that assistants are needed in a
precinct an equal number shall be appointed from different political parties,
unless the requirement as to party affiliation cannot be met because of an
insufficient number of voters of recommended by the different
political parties within the county.
In the discretion of the county board of elections, a precinct assistant may serve less than the full day prescribed for chief judges and judges in G.S. 163‑47(a).
(b) The chairman chair
of each of the two political party parties in the
county having the greatest numbers of registered voters in the State shall
have the right to recommend from three up to 10 registered voters
in each precinct for appointment as precinct assistants in that precinct. If
the recommendations are received by it the county board of elections no
later than the thirtieth day prior to the primary or election, the board shall
make appointments of the precinct assistants for each precinct from the names
thus recommended. If the recommendations of the party chairs for precinct
assistant in a precinct are insufficient, the county board of elections by unanimous
vote of all bipartisan majority vote of its members may name to
serve as precinct assistant in that precinct registered voters in that
precinct of the county who were not recommended by the party chairs.
If, after diligently seeking to fill the positions with registered voters of
the precinct, the county board still has an insufficient number of precinct
assistants for the precinct, the county board by unanimous vote of all of its
members may appoint to the positions registered voters in other precincts in
the same county who meet the qualifications other than residence to be precinct
officials in the precinct. In making its appointments, the county board
shall assure, wherever possible, that no precinct has precinct officials all of
whom are registered affiliated with or recommended by the
same party. In no instance shall the county board appoint nonresidents of
the precinct to a majority of the positions as precinct assistant in a
precinct.
(c) In addition, a county
board of elections by unanimous vote of all bipartisan majority vote of
its members may appoint any registered voter in the county as emergency
election‑day assistant, as long as that voter is otherwise qualified to
be a precinct official. The State Board of Elections shall determine for
each election the number of emergency election‑day assistants each county
may have, based on population, expected turnout, and complexity of election
duties. The county board by unanimous vote of all bipartisan
majority vote of its members may assign emergency election‑day
assistants on the day of the election to any precinct in the county where the
number of precinct officials is insufficient because of an emergency occurring
within 48 hours of the opening of the polls that prevents an appointed precinct
official from serving. A person appointed to serve as emergency election‑day
assistant shall be trained and paid like other precinct assistants in
accordance with G.S. 163‑46. A county board of elections shall
apportion the appointments as emergency election‑day assistant among
registrants of each political party so as to make possible the staffing of each
precinct with officials of more than one party, and the county board shall make
assignments so that no precinct has precinct officials all of whom are registered
affiliated with or recommended by the same party.
."
PART IV. DIGITAL PHOTO IDENTIFICATION
SECTION 4.1. G.S. 163‑166.16(a) reads as rewritten:
"(a) Photo Identification Required to Vote. When a registered voter presents to vote in person, the registered voter shall produce any of the following forms of identification that contain a photograph of the registered voter:
(1) Any of the following that is valid and unexpired, or has been expired for one year or less:
a. A North Carolina drivers license.
b. A special
identification card Special identification for nonoperators issued
under G.S. 20‑37.7 or other form of nontemporary identification
issued by the Division of Motor Vehicles of the Department of Transportation.
c. A United States passport.
d. A North Carolina voter photo identification card of the registered voter issued pursuant to G.S. 163‑82.8A.
e. Recodified as sub‑subdivision (a)(2)c. of this section by Session Laws 2019‑22, s. 1, effective June 3, 2019.
f. Reserved.
g. A student
identification card Student identification issued by a constituent
institution of The University of North Carolina, a community college, as
defined in G.S. 115D‑2(2), or eligible private postsecondary
institution as defined in G.S. 116‑280(3), provided that card identification
is issued in accordance with G.S. 163‑166.17.
h. An employee
identification card Employee identification issued by a state or
local government entity, including a charter school, provided that card identification
is issued in accordance with G.S. 163‑166.18.
i. A drivers Drivers
license or special identification card for nonoperators issued by
another state, the District of Columbia, or a territory or commonwealth of the
United States, but only if the voter's voter registration was within 90 days of
the election.
(2) Any of the following, regardless of whether the identification contains a printed expiration or issuance date:
a. A military
identification card Military identification issued by the United
States government.
b. A Veterans
Identification Card issued by the United States Department of Veterans
Affairs for use at Veterans Administration medical facilities.
c. A tribal enrollment
card Tribal enrollment identification issued by a State or federal
recognized tribe.
d. An identification card
Identification issued by a department, agency, or entity of the
United States government or this State for a government program of public
assistance.
."
SECTION 4.2. G.S. 163‑166.17 reads as rewritten:
"§ 163‑166.17. Approval of student identification cards
for voting identification.
(a) The State Board shall
approve the use of student identification cards identifications issued
by a constituent institution of The University of North Carolina, a community
college, as defined in G.S. 115D‑2(2), or eligible private postsecondary
institution as defined in G.S. 116‑280(3) for voting identification
under G.S. 163‑166.16 if the following criteria are met:
(1) The chancellor,
president, or registrar of the university or college submits documentation
satisfactory to the State Board that the following have been met and will not
knowingly be violated with regard to student identification cards identifications
issued during the approval period:
a. The identification
cards identifications that are issued by the university or college contain
photographs of students obtained by the university or college or its agents or
contractors, provided the photograph obtained (i) is a frontal image that
includes the student's face and (ii) represents a clear, accurate likeness of
the student to whom the identification card is issued. If the photograph is one
not produced by the university or college or its agents, the university or
college shall certify in detail the process used by the university or college
to ensure the photograph is that of the student to whom the identification card
is issued and shall certify that the process is designed to confirm the
identity of the student to whom the identification card is issued.
b. The identification
cards identifications are issued after an enrollment or other
process that includes one or more methods of confirming the identity of the
student using information that may include, but are not limited to, the social
security number, citizenship status, and birthdate of the student.
c. Access to the equipment for
producing the identification cards identifications is restricted
through security measures.
d. Misuse of the equipment
for producing the identification cards identifications would be
grounds for student discipline or termination of an employee.
e. University or college
officials would report any misuse of student identification card production
equipment they have knowledge of to law enforcement if G.S. 163‑82.8(19)
was potentially violated.
f. The cards identifications
issued by the university or college on or after January 1, 2021, contain a
date of expiration.
g. The university or college
will provide copies of student identification cards identifications to
the State Board to assist with training purposes.
h. The college or university
will provide to students who are issued the student identification card a
copy of, or an electronic link to, a document developed by the State Board that
details the requirements related to identification for voting; the requirements
to vote absentee, early, or on election day; a description of voting by
provisional ballot; and the availability of a free North Carolina voter photo
identification card pursuant to G.S. 163‑82.8A to rural, military,
veteran, elderly, underserved, minority, or other communities as determined by
local needs; and the requirements of North Carolina residency to vote,
including applicable intent requirements of North Carolina law, and the penalty
for voting in multiple states.
(b) The State Board shall
establish a schedule for such submissions and approvals. The State Board shall
permit a university or college with no changes to the prior election cycle's
approval to submit a statement indicating no changes have been made by the
university or college. When the State Board approves for use the student identification
cards identifications issued by a constituent institution of The
University of North Carolina, a community college, as defined in G.S. 115D‑2(2),
or eligible private postsecondary institution as defined in G.S. 116‑280(3),
for voting identification purposes under G.S. 163‑166.16, such
approval shall be valid for the period from January 1 of an odd‑numbered
year through December 31 of the next even‑numbered year.
(c) The State Board shall
produce a list of participating universities and colleges every two years. The
list shall be published on the State Board's Web site and distributed to every
county board of elections. The State Board shall publish sample student identification
cards identifications for each participating university and college.
(d) If a participating
college or university with a student identification card approved
for use by the State Board as provided in subsection (b) of this section
changes the design of the student identification card, identification,
that college or university shall provide copies of the new design of the
student identification cards to the State Board to assist with training
purposes."
SECTION 4.3. G.S. 163‑166.18 reads as rewritten:
"§ 163‑166.18. Approval of employee identification cards
for voting identification.
(a) The State Board shall
approve the use of employee identification cards identifications issued
by a state or local government entity, including a charter school, for voting
identification under G.S. 163‑166.16 if the following criteria are
met:
(1) The head elected official
or lead human resources employee of the state or local government entity or
charter school submits documentation satisfactory to the State Board that the
following true have been met and will not knowingly be violated with regard to
employee identification cards identifications issued during the
approval period:
a. The identification
cards identifications that are issued by the state or local
government entity or charter school contain photographs of the employees
obtained by the state or local government entity or charter school employing
entity or its agents or contractors, provided the photograph obtained (i) is a
frontal image that includes the employee's face and (ii) represents a clear,
accurate likeness of the employee to whom the identification card is
issued. If the photograph is one not produced by the state or local government
entity or charter school, the state or local government entity or charter
school shall certify in detail the process used by the state or local
government entity or charter school to ensure the photograph is that of the
employee to whom the identification card is issued and shall certify
that the process is designed to confirm the identity of the employee to whom
the identification card is issued.
b. The identification
cards identifications are issued after an employment application or
other process that includes one or more methods of confirming the identity of
the employee using information that include, but are not limited to, the social
security number, citizenship status, and birthdate of the employee.
c. Access to the equipment
for producing the identification cards identifications is
restricted through security measures.
d. Misuse of the equipment
for producing the identification cards identifications would be
grounds for termination of an employee.
e. State or local or charter
school officials would report any misuse of identification card production
equipment they have knowledge of to law enforcement if G.S. 163‑275(19)
was potentially violated.
f. The cards identifications
issued by the state or local government entity or charter school on or
after January 1, 2021, contain a date of expiration.
g. The state or local
government entity or charter school will provide copies of employee identification
cards identifications to the State Board to assist with training
purposes.
(b) The State Board shall
establish a schedule for such submissions and approvals. The State Board shall
permit a State or local government entity or charter school with no changes to
the prior election cycle's approval to submit a statement indicating no changes
have been made by the State or local government entity or charter school. When
the State Board approves for use the employee identification cards identifications
issued by a state or local government entity, including a charter school,
for voting identification under G.S. 163‑166.16, such approval shall
be valid for the period from January 1 of an odd‑numbered year through
December 31 of the next even‑numbered year.
(c) The State Board shall
produce a list of participating employing entities every two years. The list
shall be published on the State Board's Web site and distributed to every
county board of elections. The State Board shall publish sample employee identification
cards identifications for each participating State or local
government entity or charter school."
PART V. CLARIFY ELIGIBILITY DURING EARLY VOTING
SECTION 5.1. G.S. 163‑55 is amended by adding a new subsection to read:
"(d) Qualifications Determined Upon Voting. Notwithstanding any other provision of law to the contrary, a voter shall not be subject to challenge if the voter was qualified to cast the ballot at the time it was received by the county board; provided, however, that a voter who casts a ballot in a general election before turning 18 years of age but who will be 18 years of age as of the date of the general election shall not be disqualified on account of age."
PART VI. AUTHORITY FOR COUNTY BOARD‑INITIATED VOTER CHALLENGES
SECTION 6.1. Article 8 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑90.4. Challenges by county boards.
(a) After each election, the State Board shall conduct a uniform, statewide audit to identify ballots cast during early voting and by absentee ballot in the election that are ineligible to be counted for one of the reasons identified in G.S. 163‑87, as evidenced by official government database records. The State Board shall distribute the results of this audit to the county boards by 5:00 P.M. on the fourth business day before the canvass.
(b) The county board shall review the audit produced by the State Board pursuant to this section, analyze the records of county voters identified in the audit, and, by 5:00 P.M. on the third business day before the canvass, serve a challenge on any county voter identified in the audit who the county board has determined has cast an ineligible ballot. The county board shall conduct the challenge proceedings under the applicable provisions of G.S. 163‑89."
PART VII. CLARIFY DEADLINES FOR LATE BALLOT CHANGES
SECTION 7.1. G.S. 163‑22(k) reads as rewritten:
"(k) Notwithstanding the
provisions contained in Article 20 or Article 21A of this Chapter, the State
Board shall be authorized, by resolution adopted prior to the printing of the primary
ballots, to reduce the time by which absentee ballots are required to be
printed and distributed for the primary election from 50 days to 45 days.
This authority shall not be authorized for absentee ballots to be voted in the
general election, except if the law requires ballots to be available for
mailing 60 days before the general election, and the absentee ballots are not
ready by that date, the State Board shall allow the counties to mail absentee
ballots out as soon as the absentee ballots are available.days, if
unforeseen circumstances make compliance with the 50‑day deadline
impracticable."
SECTION 7.2. G.S. 163‑113 reads as rewritten:
"§ 163‑113. Nominee's right to withdraw as candidate.
A person who has been declared the nominee of a political party for a specified office under the provisions of G.S. 163‑182.15 or G.S. 163‑110, shall not be permitted to resign as a candidate unless, prior to the first day on which military and overseas absentee ballots are transmitted to voters under Article 21A of this Chapter, that [the] person submits to the board of elections which certified the nomination a written request that person be permitted to withdraw. For the election of presidential electors under Article 18 of this Chapter, if a candidate is nominated by a political party, only the political party making the nomination may withdraw the nomination, and for any such withdrawal to be effective, the political party executive committee shall certify the withdrawal in writing to the State Board before the first day on which military and overseas absentee ballots are transmitted to voters under Article 21A of this Chapter."
SECTION 7.3. G.S. 163‑114(a) reads as rewritten:
"(a) If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
The party
executive making a nomination in accordance with the provisions of this section
shall certify the name of its nominee to the chairman of the board of
elections, State or county, that has jurisdiction over the ballot item under
G.S. 163‑182.4. If at the time a nomination is made under this
section the general election ballots have already been printed, the provisions
of G.S. 163‑165.3(c) shall apply. If a vacancy occurs in a
nomination of a political party and that vacancy arises from a cause other than
death and the vacancy in nomination occurs more than 120 days before the
general election, the vacancy in nomination may be filled under this section
only if the appropriate executive committee certifies the name of the nominee
in accordance with this paragraph at least 75 days before the general election."
SECTION 7.4. G.S. 163‑115 reads as rewritten:
"§ 163‑115. Special provisions for obtaining nominations when vacancies occur in certain offices.
(a) If a vacancy occurs in
the office of the clerk of superior court, otherwise than by expiration of the
term, or if the people fail to elect, the vacancy shall be filled as provided
in Sec. 9(3) of Article IV of the North Carolina Constitution. If the vacancy
occurs after the time for filing notice of candidacy in the primary has expired
in a year when a regular election is not being held to elect a clerk of the
superior court by expiration of term, then the county executive committee of
each political party shall nominate a candidate whose name shall appear on
the general election ballot. candidate, subject to the deadlines in G.S. 163‑115.5.
The candidate elected in the general election shall serve the unexpired
portion of the term of the person causing the vacancy.
(c) If a vacancy occurs in
an elective State or district office (other than member of the United States
House of Representatives) during the period opening 10 days before the filing
period for the office ends and closing 30 days before the ensuing general
election, a nomination shall be made by the proper executive committee of each
political party as provided in G.S. 163‑114, and the names of the
nominees shall be printed on the general election ballots.ballots,
subject to the deadline in G.S. 163‑115.5.
(d) If a vacancy occurs on a county board of commissioners and G.S. 153A‑27 or G.S. 153A‑27.1 requires that a person shall be elected to the seat vacated for the remainder of the unexpired term, and the vacancy occurs:
(1) Beginning on the tenth
day before the filing period ends under G.S. 163‑106.2, a nomination
shall be made by the county executive committee of each political party and the
names of the nominees shall be printed on the general election ballots.ballots,
subject to the deadline in G.S. 163‑115.5.
(2) Prior to the tenth day before the filing period ends under G.S. 163‑106.2, nominations shall be made by primary election as provided by this Article.
(e) If a vacancy occurs in the office of United States Senator, and the vacancy occurs:
(1) Beginning on the tenth
day before the filing period ends under G.S. 163‑106.2, a nomination
shall be made by the State executive committee of each political party and the
names of the nominees shall be printed on the general election ballots.ballots,
subject to the deadline in G.S. 163‑115.5.
(2) Prior to the tenth day before the filing period ends under G.S. 163‑106.2, nominations shall be made by primary election as provided by this Article."
SECTION 7.5. Article 10 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑115.5. Removing, replacing, or adding candidates on the general election ballot.
(a) The board of elections with jurisdiction over a ballot item under G.S. 163‑182.4 shall remove a candidate from the general election ballot only if the board of elections is notified, no later than 20 days before absentee ballots are authorized for distribution for the general election, that the candidate has died, withdrawn, or for any reason has become ineligible or disqualified. Except as provided in G.S. 163‑113, either the candidate or the relevant executive committee of the candidate's political party, if the candidate is a nominee of the party, may provide the notification required by this section. For any nominee authorized to be replaced on the ballot pursuant to law, the nominee's name shall be replaced on the ballot only if the replacement has been certified pursuant to law to the board of elections with jurisdiction over the ballot item no later than 20 days before absentee ballots are authorized for distribution for the election. If a withdrawal, disqualification, or replacement occurs later than 20 days before absentee ballots are authorized for distribution for the general election, the provisions of G.S. 163‑165.3(c) shall apply.
(b) When a vacancy in office occurs and that vacancy requires an election to fill the unexpired term without a candidate filing period, any nominees authorized for the election shall be certified to the board of elections with jurisdiction over a ballot item under G.S. 163‑182.4 no later than eight days before absentee ballots are authorized for distribution for the election.
(c) The provisions of G.S. 103‑5(a) shall not apply to this section."
SECTION 7.6. G.S. 163‑122 is amended by adding a new subsection to read:
"(f) If any candidate authorized to have the candidate's name printed on the general election ballot pursuant to this section dies, withdraws, or for any reason becomes ineligible or disqualified before the general election, the provisions of G.S. 163‑115.5 shall apply."
SECTION 7.7. G.S. 163‑165.3(c) reads as rewritten:
"(c) Late Changes in
Ballots. The State Board shall promulgate rules for late changes in ballots. The
rules shall provide for the reprinting, where practical, of official ballots as
a result of replacement candidates to fill vacancies in accordance with
G.S. 163‑114 or other late changes. If an official ballot is not
reprinted, a vote If a board of elections having jurisdiction over a
ballot item is notified of a candidate withdrawal, disqualification, or
replacement after the deadline in G.S. 163‑115.5 but before the
deadline in G.S. 163‑113, votes for a candidate removed without
replacement shall not be counted and votes for a candidate who has been
replaced in accordance with G.S. 163‑114 will count for the
replacement candidate.candidate, and the affected county boards of
elections shall inform all affected voters of these actions. No candidate
withdrawal or replacement shall be permitted after the deadline in G.S. 163‑113.
No additional nominees, where permitted due to vacancies in office, shall be
allowed after the deadline in G.S. 163‑115.5."
SECTION 7.8. G.S. 163‑227.10 reads as rewritten:
"§ 163‑227.10. Date by which absentee ballots must be available for voting.
(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 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. Provided, in a presidential election year, the
board of elections shall provide general election ballots no later than three
days after nomination of the presidential and vice presidential candidates if
that nomination occurs later than 63 days prior to the statewide general
election and makes compliance with the 60‑day deadline impossible. 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.
(b) The board of
elections shall provide absentee ballots, of the kinds needed, as quickly as
possible after the ballot information for a second primary has been determined.For
a second primary, the county board of elections shall provide absentee ballots,
of the kinds needed, no later than 45 days before the second primary.
."
SECTION 7.9. G.S. 163‑229 reads as rewritten:
"§ 163‑229. Absentee ballots, applications on container‑return envelopes, and instruction sheets.
(b) Application on Container‑Return
Envelope. In time for use not later than 60 50 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, an 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. However, in the
case of municipal elections, sufficient container‑return envelopes shall
be made available no later than 30 days before an election. Each container‑return
envelope shall have printed on it an application which shall be designed and
prescribed by the State Board, providing for all of the following:
(c) Instruction Sheets. In
time for use not later than 60 50 days before a statewide
general election in an even‑numbered year, and not later than 50 days
before a statewide primary or general election or county bond election, an
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. The
instruction sheets shall include the means by which the voter's marked absentee
ballot must be returned to the county board of elections and the date and time
that the ballot must be received by the county board of elections. However, in
the case of municipal elections, instruction sheets shall be made available no
later than 30 days before an election."
SECTION 7.10. G.S. 163‑230.1(c), as amended by Section 3A.4(f) of S.L. 2024‑57, reads as rewritten:
"(c) Delivery of Absentee Ballots and Container‑Return Envelope to Applicant. When the county board receives a completed request form for applications and absentee ballots from the voter, or the near relative or the verifiable legal guardian of that voter, the county board shall promptly issue and transmit them to the voter in accordance with the following instructions:
The county board may receive
completed written request forms for applications at any time prior to the
election but shall not mail applications and absentee ballots to the voter or
issue applications and absentee 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 before an election. No
election official shall issue applications for absentee ballots except in compliance
with this Article."
SECTION 7.11. G.S. 163‑258.9(a) reads as rewritten:
"(a) Not later than 60
days before the statewide general election in even‑numbered years and not
later than 50 days before any other election, except for a second
primary, the county board of elections shall transmit a ballot and
balloting materials to all covered voters who by that date submit a valid
military‑overseas ballot application, except for a second primary.
Provided, in a presidential election year, the board of elections shall provide
general election ballots no later than three days after nomination of the
presidential and vice presidential candidates if that nomination occurs later
than 63 days prior to the statewide general election and makes compliance with
the 60‑day deadline impossible. unless 45 days is authorized by
the State Board under G.S. 163‑22(k) or there exists an appeal
before the State Board or the courts that has not concluded, in which case the
county board shall provide the ballots as quickly as possible upon the
conclusion of that appeal. However, in the case of municipal elections,
absentee ballots shall be made available no later than 30 days before an
election. For a second primary which includes a candidate for federal
office, primary, the county board of elections shall transmit
a ballot and balloting material to all covered voters who by that date submit a
valid military‑overseas ballot application no later than 45 days before
the second primary. For a second primary which does not include a candidate
for federal office, the transmission of the ballot and ballot materials shall
be as soon as practicable and shall be transmitted electronically no later than
three business days and by mail no later than 15 days from the date the appropriate
board of elections orders that the second primary be held pursuant to
G.S. 163‑111. If additional offices are added to the ballot to fill
a vacancy occurring after the deadline provided by this subsection, those
ballots shall be transmitted as soon as practicable."
SECTION 7.12. G.S. 163‑294.1(b) reads as rewritten:
"(b) If a candidate for political party nomination for office dies, becomes disqualified, or withdraws before the primary but after the ballots have been printed, the provisions of G.S. 163‑112 shall govern.
If a candidate for nomination in a nonpartisan municipal primary dies, becomes disqualified, or withdraws before the primary but after the ballots have been printed, the board of elections shall determine whether or not there is time to reprint the ballots. If the board determines that there is not enough time to reprint the ballots, the deceased or disqualified candidate's name shall remain on the ballots. If he receives enough votes for nomination, such votes shall be disregarded and the candidate receiving the next highest number of votes below the number necessary for nomination shall be declared nominated. If the death or disqualification of the candidate leaves only two candidates for each office to be filled, the nonpartisan primary shall not be held and all candidates shall be declared nominees.
If a nominee for political party
nomination dies, becomes disqualified, or withdraws after the primary and
before election day, the provisions of G.S. 163‑114 G.S. 163‑114
and G.S. 163‑115.5 shall govern.
If a candidate in a nonpartisan
election dies, becomes disqualified, or withdraws before election day and
after the ballots have been printed, the board of elections shall determine
whether there is enough time to reprint the ballots. day, the provisions
of G.S. 163‑115.5 shall govern. If there is not enough time
to reprint the ballots, the board of elections is notified of a
candidate's death or disqualification after the relevant deadline in G.S. 163‑115.5,
and should the deceased or disqualified candidate receive enough votes to
be elected, the board of elections shall declare the office vacant, and it
shall be filled as provided by law."
PART VIII. DEADLINE FOR PRESIDENTIAL NOMINATIONS
SECTION 8.1. G.S. 163‑209(a) reads as rewritten:
"(a) The names of
candidates for electors of President and Vice‑President nominated by any
political party recognized in this State under G.S. 163‑96, or
nominated under G.S. 163‑1(c) by a candidate for President of the
United States who has qualified to have his or her name printed on the general
election ballot as an unaffiliated candidate under G.S. 163‑122,
shall be filed with the Secretary of State no later than 60 days before the
general election but shall not be printed on the ballot. In the case of
the unaffiliated candidate, the names of candidates for electors must be filed
with the Secretary of State no later than 12:00 noon on the first Friday in
August. In place of their names, there shall be printed on the ballot the
names of the candidates for President and Vice‑President of each
political party recognized in this State, and the name of any candidate for
President who has qualified to have his or her name printed on the general
election ballot under G.S. 163‑122. A candidate for President who
has qualified for the general election ballot as an unaffiliated candidate
under G.S. 163‑122 shall, no later than 12:00 noon on the first
Friday in August, file with the State Board of Elections the name of a
candidate for Vice‑President, whose name shall also be printed on the
ballot. The names of the candidates for President and Vice‑President
nominated by any political party recognized in this State under G.S. 163‑96
or who has qualified as an unaffiliated candidate under G.S. 163‑122
shall be filed with the State Board no later than 60 days before the general
election, and those names filed shall be printed on the ballot. A vote for
the candidates named on the ballot shall be a vote for the electors of the
party or unaffiliated candidate by which those candidates were nominated and
whose names have been filed with the Secretary of State."
PART IX. INCREASE THRESHOLD FOR REPORTING CERTAIN CONTRIBUTIONS
SECTION 9.1. G.S. 163‑278.10A reads as rewritten:
"§ 163‑278.10A. Threshold of $1,000 $3,000 for
financial reports for certain candidates.
(a) Notwithstanding any
other provision of this Chapter, a candidate for a district court
judge, superior court judge, county office, municipal office, local school
board office, soil and water conservation district board of supervisors, or
sanitary district board shall be exempted from the reports of contributions,
loans, and expenditures required in G.S. 163‑278.9(a), 163‑278.40B,
163‑278.40C, 163‑278.40D, and 163‑278.40E if to further the
candidate's campaign that candidate:
(1) Does not receive more
than one thousand dollars ($1,000) three thousand dollars ($3,000) in
contributions, and
(2) Does not receive more
than one thousand dollars ($1,000) three thousand dollars ($3,000) in
loans, and
(3) Does not spend more than one
thousand dollars ($1,000).three thousand dollars ($3,000).
To qualify for the exemption from
those reports, the candidate's treasurer shall file a certification that the
candidate does not intend to receive in contributions or loans or expend more
than one thousand dollars ($1,000) three thousand dollars ($3,000) to
further the candidate's campaign. The certification shall be filed with the
Board at the same time the candidate files the candidate's Organizational
Report as required in G.S. 163‑278.7, G.S. 163‑278.9, and
G.S. 163‑278.40A. If the candidate's campaign is being conducted by
a political committee which is handling all contributions, loans, and
expenditures for the candidate's campaign, the treasurer of the political committee
shall file a certification of intent to stay within the threshold amount. If
the intent to stay within the threshold changes, or if the one‑thousand‑dollar
($1,000) three‑thousand‑dollar ($3,000) threshold is
exceeded, the treasurer shall immediately notify the Board and shall be
responsible for filing all reports required in G.S. 163‑278.9 and
163‑278.40B, 163‑278.40C, 163‑278.40D, and 163‑278.40E;
provided that any contribution, loan, or expenditure which would have been
required to be reported on an earlier report but for this section shall be
included on the next report required after the intent changes or the threshold
is exceeded.
."
PART X. INCREASE THRESHOLD FOR REPORTING INDEPENDENT EXPENDITURES
SECTION 10.1. G.S. 163‑278.12 reads as rewritten:
"§ 163‑278.12. Special reporting of contributions and independent expenditures.
(a) Subject to G.S. 163‑278.39
and G.S. 163‑278.14, individuals and other entities not otherwise
prohibited from doing so may make independent expenditures. In the event an
individual, person, or other entity making independent expenditures but not
otherwise required to report them makes independent expenditures in excess of
one hundred dollars ($100.00), thousand dollars ($1,000), that
individual, person, or entity shall file a statement of such independent
expenditure with the appropriate board of elections in the manner prescribed by
the State Board of Elections.
(d) Contributions or
independent expenditures required to be reported under this section shall be
reported within 30 days after they exceed one hundred dollars ($100.00) thousand
dollars ($1,000) or 10 days before an election the contributions or
independent expenditures affect, whichever occurs earlier.
."
PART XI. PROHIBIT PAYMENT PER SIGNATURE FOR PETITIONS
SECTION 11.1. G.S. 163‑221 reads as rewritten:
"§ 163‑221. Persons may not sign name of another
to petition.Prohibited petition activities.
(a) No person may sign the name of another person to any of the following:
(1) Any petition calling for an election or referendum.
(2) Any petition under G.S. 163‑96 for the formulation of a new political party.
(3) Any petition under G.S. 163‑107.1 requesting a person to be a candidate.
(4) Any petition under G.S. 163‑122 to have the name of an unaffiliated candidate placed on the general election ballot, or under G.S. 163‑296 to have the name of an unaffiliated or nonpartisan candidate placed on the regular municipal election ballot.
(5) Any petition under G.S. 163‑213.5 to place a name on the ballot under the Presidential Preference Primary Act.
(6) Any petition under G.S. 163‑123 to qualify as a write‑in candidate.
(b) Any name signed on a petition, in violation of this section, shall be void.
(b1) No person may be compensated based on the number of signatures collected for a petition.
(c) Any person who willfully violates this section is guilty of a Class 2 misdemeanor."
SECTION 11.2. G.S. 163‑274(a) reads as rewritten:
"(a) Class 2 Misdemeanors. Any person who shall, in connection with any primary or election in this State, do any of the acts and things declared in this subsection to be unlawful, shall be guilty of a Class 2 misdemeanor. It shall be unlawful to do any of the following:
(17) For any person to be compensated based on the number of signatures obtained on a petition authorized under this Chapter."
PART XII. UNIFORMITY FOR REVIEW OF PETITION SIGNATURES
SECTION 12.1. G.S. 163‑96 reads as rewritten:
"§ 163‑96. "Political party" defined; creation of new party.
(a) Definition. A political party within the meaning of the election laws of this State shall be one of the following:
(2) Any group of voters which
shall have filed with the State Board of Elections petitions for the
formulation of a new political party which are signed by registered and
qualified voters in this State equal in number to one‑quarter of one
percent (0.25%) of the total number of voters who voted in the most recent
general election for Governor. Also the petition must be signed by at least 200
registered voters from each of three congressional districts in North Carolina.
To be effective, the petitioners must file their petitions with the State Board
of Elections before 12:00 noon on the first day of June May preceding
the day on which is to be held the first general State election in which the
new political party desires to participate. The State Board of Elections shall
forthwith determine the sufficiency of petitions filed with it and shall
immediately communicate its determination to the State chair of the proposed
new political party.
(b) Petitions for New Political Party. Petitions for the creation of a new political party shall be on a form prescribed by the State Board and contain on the heading of each page of the petition in bold print or all in capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN ____ COUNTY HEREBY PETITION FOR THE FORMATION OF A NEW POLITICAL PARTY TO BE NAMED ____ AND WHOSE STATE CHAIRMAN IS ______, RESIDING AT ______ AND WHO CAN BE REACHED BY TELEPHONE AT ____."
All printing required to appear on the heading of the petition shall be in type no smaller than 10 point or in all capital letters, double spaced typewriter size. In addition to the form of the petition, the organizers and petition circulators shall inform the signers of the general purpose and intent of the new party.
The petitions must specify the name selected for the proposed political party. The State Board of Elections shall reject petitions for the formation of a new party if the name chosen contains any word that appears in the name of any existing political party recognized in this State or if, in the State Board's opinion, the name is so similar to that of an existing political party recognized in this State as to confuse or mislead the voters at an election.
The petitions must state the name and address of the State chairman of the proposed new political party.
(c) Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained, and it shall be the chairman's duty:
(1) To examine the signatures on the petition and place a check mark on the petition by the name of each signer who is qualified and registered to vote in his county.
(2) To attach to the petition his signed certificate
a. Stating that the signatures on the petition have been checked against the registration records and
b. Indicating the number found qualified and registered to vote in his county.
(3) To return each petition, together with the certificate required by the preceding subdivision, to the person who presented it to him for checking.
The group of petitioners shall
submit the petitions to the chairman of the county board of elections in the
county in which the signatures were obtained no later than 5:00 P.M. on the fifteenth
thirtieth day preceding the date the petitions are due to be filed
with the State Board of Elections as provided in subsection [subdivision]
(a)(2) of this section. Provided the petitions are timely submitted, the
chairman of the county board of elections shall proceed to examine and verify
the signatures under the provisions of this subsection. Verification shall be
completed within two four weeks from the date such petitions are
presented."
SECTION 12.2. G.S. 163‑122(a) reads as rewritten:
"(a) Procedure for Having Name Printed on Ballot as Unaffiliated Candidate. Any qualified voter who seeks to have the voter's name printed on the general election ballot as an unaffiliated candidate shall:
(1) If the office is a
statewide office, file written petitions with the State Board of Elections
supporting the voter's candidacy for a specified office. These petitions must
be filed with the State Board of Elections on or before 12:00 noon on
the day of the primary election 5:00 P.M. on the twentieth business day
after canvass of the primary and must be signed by qualified voters of the
State equal in number to one and a half percent (1.5%) of the total number of
voters who voted in the most recent general election for Governor. Also, the
petition must be signed by at least 200 registered voters from each of three
congressional districts in North Carolina. The State Board shall determine
the sufficiency of petitions filed with the State Board and shall immediately
communicate its determination to the petitioning candidate. The petitions
shall be divided into sections based on the county in which the signatures were
obtained. No later than 12:00 P.M. on the day of the primary election, each
petition shall be presented to the board of elections of the county in which
the signatures were obtained. A petition present to a county board of elections
shall contain only names of voters registered in that county. Provided the
petitions are timely filed, the State Board of Elections shall require the
filed petition be verified no later than 15 business days after canvass of the
primary in one of the following ways:
a. The Executive Director shall examine the names
on the petition and place a check mark on the petition by the name of each
signer who is qualified and registered to vote in the designated county and
shall attach to the petition a signed certificate. Said certificates shall
state that the signatures on the petition have been checked against the
registration records and shall indicate the number of signers to be qualified
and registered to vote in each county.
b. The submitted, the chair of the
county board of elections shall examine the names on the petition and place
a check mark on the petition by the name of each signer who is qualified and
registered to vote in the chair's county and shall attach to the petition the
chair's signed certificate. Said certificates shall state that the signatures
on the petition have been checked against the registration records and shall
indicate the number of signers to be qualified and registered to vote in the chair's
county. The chair shall return the petition and certificate to the State
Board.person who presented it to the chair for checking. The chair shall
complete the verification no later than 15 business days after the canvass of
the primary.
The State
Board shall return a copy of each petition, together with a copy of the
certificate required in this section, to the person who presented it to the
State Board.
(2) Except as provided in
this subsection, if the office is a district office under the jurisdiction of
the State Board of Elections under G.S. 163‑182.4(b), file
written petitions with the State Board of Elections supporting that
voter's candidacy for a specified office. For district offices other than
General Assembly seats, petitions must be filed with the State Board of
Elections on or before 12:00 noon on the day of the primary election 5:00
P.M. on the twentieth business day after canvass of the primary and must be
signed by qualified voters of the district equal in number to one and a half
percent (1.5%) of the total number of registered voters in the district as
reflected by the voter registration records of the State Board of Elections as
of January 1 of the year in which the general election is to be held. For
General Assembly seats in which the district lies in more than one county,
petitions must be filed with the State Board of Elections on or before 12:00
noon on the day of the primary election 5:00 P.M. on the twentieth
business day after canvass of the primary and must be signed by qualified
voters of the district equal in number to four percent (4%) of the total number
of registered voters in the district as reflected by the voter registration
records of the State Board of Elections as of January 1 of the year in
which the general election is to be held. The State Board shall determine
the sufficiency of petitions filed with the State Board and shall immediately
communicate its determination to the petitioning candidate. The petitions
shall be divided into sections based on the county in which the signatures were
obtained. The petitions shall be verified as specified in subdivision (1) of
this subsection.
(3) If the office is a county
office or a single county legislative district, file written petitions with the
chair or director of the county board of elections supporting the voter's
candidacy for a specified county office. These petitions must be filed with the
county board of elections on or before 12:00 noon on the day of the primary
election and must be signed by qualified voters of the county equal in number
to four percent (4%) of the total number of registered voters in the county as
reflected by the voter registration records of the State Board of Elections as
of January 1 of the year in which the general election is to be held, except if
the office is for a district consisting of less than the entire county and only
the voters in that district vote for that office, the petitions must be signed
by qualified voters of the district equal in number to four percent (4%) of the
total number of voters in the district according to the voter registration
records of the State Board of Elections as of January 1 of the year in
which the general election is to be held. Each petition shall be presented to
the chair or director of the county board of elections. The chair or director
of the county board of elections shall verify the filed petition no later
than 15 business days after canvass as provided in sub‑subdivision
b. of subdivision (1) of this subsection, and shall return a copy of
each petition, together with a copy of the certificate required in this
section, to the person who presented it to the county board of elections.subsection.
(4) If the office is a
partisan municipal office, file written petitions with the chair or director of
the county board of elections in the county wherein the municipality is located
supporting the voter's candidacy for a specified municipal office. These
petitions must be filed with the county board of elections on or before the
time and date specified in G.S. 163‑296 12:00 P.M. on the day
of the primary and must be signed by the number of qualified voters
specified in G.S. 163‑296. The chair or director of the county board
of elections shall verify the filed petition no later than 15 business days
after canvass the primary and shall otherwise proceed as provided
in sub‑subdivision b. of subdivision (1) of this subsection,
and shall return a copy of each petition, together with a copy of the
certificate required in this section, to the person who presented it to the
county board of elections.subsection.
(5) If the office is a
superior court judge or a district court judge, regardless of whether the
district lies entirely in one county or in more than one county, file written
petitions with the State Board of Elections supporting that voter's
candidacy for a specified office. These petitions must be filed with the State
Board of Elections on or before 12:00 noon on the day of the primary
election 5:00 P.M. on the twentieth business day after canvass of the
primary and must be signed by qualified voters of the district equal in
number to two percent (2%) of the total number of registered voters in the
district as reflected by the voter registration records of the State Board of
Elections as of January 1 of the year in which the general election is to
be held. The State Board shall determine the sufficiency of the petitions
filed with the State Board and shall immediately communicate its determination
to the petitioning candidate. The petitions shall be divided into sections
based on the county in which the signatures were obtained. The petitions shall
be verified as specified in subdivision (1) of this subsection.
Upon compliance with the provisions of subdivisions (1), (2), (3), (4), or (5) of this subsection, the board of elections with which the petitions have been timely filed shall cause the unaffiliated candidate's name to be printed on the general election ballots in accordance with Article 14A of this Chapter."
SECTION 12.3. G.S. 163‑296 reads as rewritten:
"§ 163‑296. Nomination by petition.
In cities conducting partisan
elections, any qualified voter who seeks to have his name printed on the
regular municipal election ballot as an unaffiliated candidate may do so in the
manner provided in G.S. 163‑122, except that the petitions and
affidavits shall be filed not later than 12:00 noon on the Friday preceding the
seventh Saturday before the election, and the petitions shall be signed by
a number of qualified voters of the municipality equal to at least one and a
half percent (1.5%) of the whole number of voters qualified to vote in the
municipal election according to the voter registration records of the State
Board of Elections as of January 1 of the year in which the general
municipal election is held. A person whose name appeared on the ballot in a
primary election is not eligible to have his name placed on the regular
municipal election ballot as an unaffiliated candidate for the same office in
that year. The State Board of Elections shall examine and verify
the signatures on the petition, and shall certify only the names of signers who
are found to be qualified registered voters in the municipality. Provided that
in the case where a qualified voter seeks to have his name printed on the
regular municipal election ballot as an unaffiliated candidate for election
from an election district within the municipality, the petition shall be signed
by one and a half percent (1.5%) of the voters qualified to vote for that
office."
PART XIII. CAMPAIGN FINANCE PENALTY WAIVER A PREREQUISITE TO FILING A CONTESTED CASE
SECTION 13.1. G.S. 163‑278.34(e) reads as rewritten:
"(e) Calculation and
Assessment. The State Board shall calculate and assess the amount of the
civil penalty due under subsection (a) or (b) of this section and shall notify
the person who is assessed the civil penalty of the amount. The notice of
assessment shall be served by any means authorized under G.S. 1A‑1, Rule
4, and shall direct Rule 4. For a civil penalty assessed under
subsection (a) of this section, the notice of assessment shall direct the
violator to either pay the assessment or request a good‑cause waiver of
the assessment under subsection (d) of this section within 60 days. If the State
Board does not find good cause for a waiver, the State Board shall send notice
by any means authorized under G.S. 1A‑1, Rule 4, directing the
violator either to pay the assessment or to contest the assessment within 30
days by filing a petition for a contested case under Article 3 of Chapter 150B
of the General Statutes. For a civil penalty assessed under subsection (b)
of this section, the notice of assessment shall direct the violator either to
pay the assessment or contest the assessment within 30 days by filing a
petition for a contested case under Article 3 of Chapter 150B of the General
Statutes. If a violator does not pay a civil penalty assessed by the State
Board within 30 days after it is due, the State Board shall request
the Attorney General to institute a civil action to recover the amount of the
assessment. The civil action may be brought in the superior court of any county
where the report was due to be filed or any county where the violator resides
or maintains an office. A civil action must be filed within three years of the
date the assessment was due. An assessment that is not contested is due when
the violator is served with a notice of assessment. An assessment that is
contested is due at the conclusion of the administrative and judicial review of
the assessment. The State Board of Elections shall pay the clear
proceeds of civil penalties collected under this section to the Civil Penalty
and Forfeiture Fund pursuant to G.S. 115C‑457.2. The State Board of
Elections shall reduce the monies collected by the enforcement costs and
the collection costs to determine the clear proceeds payable to the Civil
Penalty and Forfeiture Fund. Monies set aside for the costs of enforcement and
the costs of collection shall be credited to accounts of the State Board of
Elections.Board."
PART XIV. CHANGE DATE FOR WHEN CERTAIN MUNICIPAL ELECTIONS HELD
SECTION 14.1. G.S. 163‑279(a) reads as rewritten:
"(a) Primaries and elections for offices filled by election of the people in cities, towns, incorporated villages, and special districts shall be held in 1973 and every two or four years thereafter as provided by municipal charter on the following days:
(1) If the election is nonpartisan and decided by simple plurality, the election shall be held on Tuesday after the first Monday in November.
(2) If the election is partisan, the election shall be held on Tuesday after the first Monday in November, the first primary shall be held on the second Tuesday after Labor Day, and the second primary, if required, shall be held on the fourth Tuesday before the election.
(3) If the election is
nonpartisan and the nonpartisan primary method of election is used, the
election shall be held on Tuesday after the first Monday in November and the
nonpartisan primary shall be held on the fourth Tuesday before the election.second
Tuesday after Labor Day.
(4) If the election is
nonpartisan and the election and runoff election method of election is used,
the election shall be held on the fourth Tuesday before the Tuesday after
the first Monday in November, second Tuesday after Labor Day, and
the runoff election, if required, shall be held on Tuesday after the first
Monday in November."
PART XV. CLARIFY VENUE IN WHICH CERTAIN STATE BOARD OF ELECTIONS MEETINGS HELD
SECTION 15.1. G.S. 163‑20, as amended by Section 3A.3(d) of S.L.2024‑57, reads as rewritten:
"§ 163‑20. Meetings of Board; quorum; minutes.
(b) Place of Meeting.
Except as provided in subsection (c) of this section, the State Board shall
meet in its offices in the City of Raleigh, or at another place in the City of
Raleigh to be designated by the chair. However, subject to the limitation
imposed by allowance as provided in subsection (c) of this section
upon the prior written request of any four members, the State Board shall meet
at any other place in the State designated by the four members.
(c) Meetings to Investigate
Alleged Violations of This Chapter. When called upon to investigate or hear
sworn alleged violations of this Chapter, the State Board shall may meet
and hear the matter in the county in which the violations are alleged to have occurred.occurred
upon the prior written request of any three members.
."
PART XVI. DEADLINE TO CHALLENGE ABSENTEE BALLOTS IN CERTAIN MUNICIPAL ELECTIONS
SECTION 16.1. G.S. 163‑89(a) reads as rewritten:
"(a) Time for Challenge.
The absentee ballot of any voter received by the county board of elections
pursuant to G.S. 163‑231(b)(1) may be challenged no later than 5:00
P.M. on the fifth business day after the primary or general election or county
bond election. election; provided, however, that any such challenge
in a municipal primary or election conducted under Article 24 of this Chapter,
where the canvass is to be held on the seventh day following the primary or
election, shall be filed no later than two business days after the primary or
election. The absentee ballot of any voter received by the county board of
elections pursuant to G.S. 163‑231(b)(2) may be challenged no later
than 5:00 P.M. on the next business day following the deadline for receipt of
such absentee ballots."
PART XVII. REVISIONS TO VARIOUS STATUTES PERMANENTLY ENJOINED IN NAACP V. MCCRORY PERTAINING TO: OUT‑OF‑PRECINCT VOTING; SAME‑DAY REGISTRATION; AND PREREGISTRATION
SECTION 17.1.(a) G.S. 163‑55 reads as rewritten:
"§ 163‑55. Qualifications to vote; exclusion from electoral franchise.
(a) Residence Period for
State Elections. Every person born in the United States, and every person who
has been naturalized, and who shall have resided in the State of North Carolina
and in the precinct precinct, ward, or other election district in
which the person offers to vote for 30 days next preceding an election, shall,
if otherwise qualified as prescribed in this Chapter, be qualified to vote in the
precinct in which the person resides. any election held in this State. Removal
from one precinct precinct, ward, or other election district to
another in this State shall not operate to deprive any person of the right to
vote in the precinct precinct, ward, or other election district from
which the person has removed until 30 days after the person's removal.
Except as provided in this Chapter, the following classes of persons shall not be allowed to vote in this State:
(1) Persons under 18 years of age.
(2) Any person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.
(b) Precincts. Precincts
and Election Districts. For purposes of qualification to vote in an
election, a person's residence in a precinct precinct, ward, or other
election district shall be determined in accordance with G.S. 163‑57.
When an election district encompasses more than one precinct, then for
purposes of those offices to be elected from that election district, a person
shall also be deemed to be a resident in the election district which includes
the precinct in which that person resides. An election district may include a
portion of a county, an entire county, a portion of the State, or the entire
State. When a precinct has been divided among two or more election districts
for purposes of elections to certain offices, then with respect to elections to
those offices, a person shall be deemed to be a resident in only that election
district which includes the area of the precinct in which that person resides. Qualification
to vote in referenda shall be treated the same as qualification for elections
to fill offices.
."
SECTION 17.1.(b) G.S. 163‑166.11 reads as rewritten:
"§ 163‑166.11. Provisional voting requirements.
If an individual seeking to vote claims to be a registered voter in a jurisdiction as provided in G.S. 163‑82.1 and though eligible to vote in the election does not appear on the official list of eligible registered voters in the voting place, that individual may cast a provisional official ballot as follows:
(6) The county board of elections shall count the individual's provisional official ballot for all ballot items on which it determines that the individual was eligible under State or federal law to vote."
SECTION 17.1.(c) G.S. 163‑182.2(a)(4), as amended by Section 3A.4(e) of S.L. 2024‑57, reads as rewritten:
"(4) If the county
board finds that an individual voting a provisional official ballot (i) was
registered in the county as provided in 163‑82.1, (ii) voted in the
proper precinct under G.S. 163‑55 and G.S. 163‑57, and
(iii) was otherwise eligible to vote, the provisional official ballots shall be
counted by the county board no later than 5:00 P.M. on the third business day
after the election. Except as provided in G.S. 163‑82.15(e), if the
county board finds that an individual voting a provisional official ballot (i)
did not vote in the proper precinct under G.S. 163‑55 and
G.S. 163‑57, (ii) is not registered in the county as provided in
G.S. 163‑82.1, or (iii) is otherwise not eligible to vote, the
ballot shall not be counted. Provisional official ballots shall be
counted by the county board no later than 5:00 P.M. on the third business day
after the election. If the county board finds that an individual voting a
provisional official ballot is not eligible to vote in one or more ballot items
on the official ballot, the board shall not count the official ballot in those
ballot items but shall count the official ballot in any ballot items for which
the individual is eligible to vote. Eligibility shall be determined by whether
the voter is registered in the county as provided in G.S. 163‑82.1
and whether the voter is qualified by residency to vote in the election
district as provided in G.S. 163‑55 and G.S. 163‑57. If
a voter was properly registered to vote in the election by the county board, no
mistake of an election official in giving the voter a ballot or in failing to
comply with G.S. 163‑82.15 or G.S. 163‑166.11 shall serve
to prevent the counting of the vote on any ballot item the voter was eligible
by registration and qualified by residency to vote."
SECTION 17.2.(a) G.S. 163‑59 reads as rewritten:
"§ 163‑59. Right to participate or vote in party primary.
No person shall be entitled to vote or otherwise participate in the primary election of any political party unless that person complies with all of the following:
(1) Is a registered voter.
(2) Has declared and has had recorded on the registration book or record the fact that the voter affiliates with the political party in whose primary the voter proposes to vote or participate.
(3) Is in good faith a member of that party.
Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163‑119 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph.
Any person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary, shall be entitled to register for the primary and general election prior to the primary and then to vote in the primary after being registered. Such person may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163‑82.6(d) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections. The person may also register and vote in the primary and general election pursuant to G.S. 163‑82.6B."
SECTION 17.2.(b) G.S. 163‑82.6(d) reads as rewritten:
"(d) Registration
Deadlines for a Primary or Election. In Except as provided in G.S. 163‑82.6B,
in order to be valid for a primary or election, the form:
(1) If submitted by mail, must be postmarked at least 25 days before the primary or election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the primary or election,
(2) If submitted in person, by facsimile transmission, or by transmission of a scanned document, must be received by the county board of elections by a time established by that board, but no earlier than 5:00 P.M., on the twenty‑fifth day before the primary or election,
(3) If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the primary or election, except as provided in subsection (f) of this section."
SECTION 17.3.(a) G.S. 163‑82.1 is amended by adding a new subsection to read:
"(d) Preregistration. A person who is at least 16 years of age but will not be 18 years of age by the date of the next election and who is otherwise qualified to register may preregister to vote and shall be automatically registered upon reaching the age of eligibility following verification of the person's qualifications and address in accordance with G.S. 163‑82.7."
SECTION 17.3.(b) G.S. 163‑82.3(a) is amended by adding a new subdivision to read:
"(5) Preregister to vote."
SECTION 17.3.(c) G.S. 163‑82.4(e)(2) reads as rewritten:
"(2) The following question
questions and statement:
a. "Will you be 18 years of age on or before election day?" and boxes for the applicant to check to indicate whether the applicant will be 18 years of age or older on election day.
b. "Are you at least 16 years of age and understand that you must be 18 years of age on or before election day to vote?" and boxes for the applicant to check to indicate whether the applicant is at least 16 years of age and understands that the applicant must be at least 18 years of age or older by election day to vote.
c. "If you checked "no' in response to this
question, both of these questions, do not submit this
form.""
SECTION 17.3.(d) G.S. 163‑82.19(a) reads as rewritten:
"(a) Voter Registration
at Drivers License Offices. The Division of Motor Vehicles shall, pursuant to
the rules adopted by the State Board of Elections, Board, modify
its forms so that any eligible person who applies for original issuance,
renewal or correction of a drivers license, or special identification card
issued under G.S. 20‑37.7 may, on a part of the form, complete an
application to register to vote, or to update the voter's registration if the
voter has changed his or her address or moved from one precinct to another or
from one county to another. another, or to preregister to vote. The
person taking the application shall ask if the applicant is a citizen of the
United States. If the applicant states that the applicant is not a citizen of
the United States, or declines to answer the question, the person taking the
application shall inform the applicant that it is a felony for a person who is
not a citizen of the United States to apply to register to vote. The
application shall state in clear language the penalty for violation of this
section. The necessary forms shall be prescribed by the State Board of
Elections. Board. The form must ask for the previous voter
registration address of the voter, if any. If a previous address is listed, and
it is not in the county of residence of the applicant, the appropriate county
board of elections shall treat the application as an authorization to cancel
the previous registration and also process it as such under the procedures of
G.S. 163‑82.9. If a previous address is listed and that address is
in the county where the voter applies to register, the application shall be
processed as if it had been submitted under G.S. 163‑82.9.
Registration shall become effective as provided in G.S. 163‑82.7. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163‑82.6(d)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.
All applications shall be forwarded
by the Department of Transportation to the appropriate board of elections not
later than five business days after the date of acceptance, according to rules
which shall be promulgated by the State Board of Elections. Board. Those
rules shall provide for a paperless, instant, electronic transfer of
applications to the appropriate board of elections. Applications for
preregistration shall be forwarded to the State Board."
SECTION 17.3.(e) G.S. 163‑82.20 reads as rewritten:
"§ 163‑82.20. Voter registration at other public agencies.
(a) Voter Registration Agencies. Every office in this State which accepts:
(1) Applications for a program of public assistance under Article 2 of Chapter 108A of the General Statutes or under Article 13 of Chapter 130A of the General Statutes;
(2) Applications for State‑funded
State or local government programs primarily engaged in providing services to
persons with disabilities, with such office designated by the State Board of
Elections; Board; or
(3) Claims for benefits under Chapter 96 of the General Statutes, the Employment Security Law, is designated as a voter registration agency for purposes of this section.
(b) Duties of Voter
Registration Agencies. A voter registration agency described in subsection
(a) of this section shall, unless the applicant declines, in writing, to
register to vote:or preregister to vote, do each of the following:
(1) Distribute with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance:
a. The voter registration application form described in G.S. 163‑82.3(a) or (b); or
b. The voter registration
agency's own form, if it is substantially equivalent to the form described in
G.S. 163‑82.3(a) or (b) and has been approved by the State Board
of Elections, Board, provided that the agency's own form may be a
detachable part of the agency's paper application or may be a paperless
computer process, as long as the applicant is required to sign an attestation
as part of the application to register.register or preregister.
(2) Provide a form that
contains the elements required by section 7(a)(6)(B) of the National Voter
Registration Act; andAct.
(3) Provide to each applicant who does not decline to register or preregister to vote the same degree of assistance with regard to the completion of the registration application as is provided by the office with regard to the completion of its own forms.
(e) Prohibitions. Any person providing any service under subsection (b) of this section shall not:
(1) Seek to influence an applicant's political preference or party registration, except that this shall not be construed to prevent the notice provided by G.S. 163‑82.4(d) to be given if the applicant refuses to declare his party affiliation;
(2) Display any such political preference or party allegiance;
(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering or preregistering to vote; or
(4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or preregister or not to register has any bearing on the availability of services or benefits.
(f) Confidentiality of Declination to Register. No information relating to a declination to register or preregister to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration.
(g) Transmittal From Agency
to Board of Elections. State Board. Any voter registration or
preregistration application completed at a voter registration agency shall
be accepted by that agency in lieu of the applicant's mailing the application.
Any such application so received shall be transmitted to the appropriate board
of elections not later than five business days after acceptance, according to
rules which shall be promulgated by the State Board of Elections.Board.
(i) Ineligible Applications Prohibited. No person shall make application to register or preregister to vote under this section if that person is ineligible on account of age, citizenship, lack of residence for the period of time provided by law, or because of conviction of a felony."
SECTION 17.3.(f) G.S. 163‑82.23 reads as rewritten:
"§ 163‑82.23. Voter registration at public high schools.
Every public high school shall make available to its students and others who are eligible to register or preregister to vote the application forms described in G.S. 163‑82.3, and shall keep a sufficient supply of the forms so that they are always available. A local board of education may, but is not required to, designate high school employees to assist in completing the forms. Only employees who volunteer for this duty may be designated by boards of education."
PART XVIII. ALLOW DEPLOYED FIRST RESPONDERS TO USE ABSENTEE VOTING PROCEDURES FOR MILITARY OVERSEAS CITIZENS
SECTION 18.1. G.S. 163‑258.2 reads as rewritten:
"§ 163‑258.2. Definitions.
As used in this Article:
(1) "Covered voter" means any of the following:
a. A uniformed‑service voter or an overseas voter who is registered to vote in this State.
b. A uniformed‑service voter defined in subdivision (7) of this section whose voting residence is in this State and who otherwise satisfies this State's voter eligibility requirements.
c. An overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a State residency requirement, otherwise satisfies this State's voter eligibility requirements.
d. An overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a State residency requirement, otherwise satisfies this State's voter eligibility requirements.
e. An overseas voter who was born outside the United States, is not described in sub‑subdivision c. or d. of this subdivision, and, except for a State residency requirement, otherwise satisfies this State's voter eligibility requirements, if:
1. The last place where a parent or legal guardian of the voter was, or under this Article would have been, eligible to vote before leaving the United States is within this State; and
2. The voter has not previously registered to vote in any other state.
f. A voter who is registered to vote in this State and who has been deployed by the voter's employer away from the voter's county of residence to respond to a disaster declared by the Governor or the President of the United States within 60 days before an election.
."
PART XIX. EFFECTIVE DATE
SECTION 19.1. This act is effective when it becomes law and applies to elections held on or after that date.