GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 1
HOUSE BILL 819
|
Short Title: Alternate Observers at Voting Places. |
(Public) |
|
|
Sponsors: |
Representatives Mills, Hanig, Kidwell, and K. Hall (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
|
|
Referred to: |
Election Law and Campaign Finance Reform, if favorable, Rules, Calendar, and Operations of the House |
|
May 5, 2021
A BILL TO BE ENTITLED
AN ACT TO provide that an observer serving at a voting place may alternate with another observer during the day of a primary or election at the option of the appointing authority.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑45 reads as rewritten:
"§ 163‑45. Observers; appointment.
(a) The chair of each
political party in the county shall have the right to designate two observers
to attend each voting place at each primary and election and such observers may,
at the option of the designating party chair, be relieved during the day of the
primary or election after serving no less than four hours and provided the list
required by this section to be filed by each chair contains the names of all
persons authorized to represent such chair's political party. The election.
In addition, the chair of each political party in the county shall have the
right to designate 10 additional county at‑large observers
who are residents of that county who may attend any voting place in that
county. observers. The chair of each political party in the State
shall also have the right to designate up to 100 additional State
at‑large observers who are residents of the State who may attend
any voting place in the State. The list submitted by the chair of the political
party may be amended between the one‑stop period under G.S. 163‑227.2,
163‑227.5, and 163‑227.6 and general election day to substitute one
or all at‑large observers for election day. Not more than two observers
from the same political party shall be permitted in the voting enclosure at any
time, except that in addition one of the at‑large observers from each
party may also be in the voting enclosure. observers. This right
shall not extend to the chair of a political party during a primary unless that
party is participating in the primary. In any election in which an unaffiliated
candidate is named on the ballot, the unaffiliated candidate or the unaffiliated
candidate's campaign manager shall have the right to appoint two observers
for each voting place consistent with the provisions specified herein.in
this section.
(a1) For purposes of this section, an "observer" is a person appointed by the chair of a county political party, the chair of a State political party, or an unaffiliated candidate or an unaffiliated candidate's campaign manager to serve at voting places during a primary or election. A "precinct‑specific observer" is appointed by the chair of a county political party or an unaffiliated candidate or an unaffiliated candidate's campaign manager to serve at a particular voting place. A "county at‑large observer" is appointed by the chair of a county political party and may serve at any voting place in that county. A "State at‑large observer" is appointed by the chair of a State political party and may serve at any voting place in the State.
(a2) Persons appointed as observers by the chair of a
county political party Precinct‑specific observers and county at‑large
observers must be registered voters of the county for which appointed and
must have good moral character. Persons appointed as observers by the chair
of a State political party State at‑large observers must be
registered voters of the State and must have good moral character. No person
who is a candidate on the ballot in a primary or election may serve as an
observer or runner in that primary or election. Observers shall take no oath of
office.
(b) Individuals Prior
to 10:00 A.M. on the fifth day prior to any primary or general election,
individuals authorized to appoint precinct‑specific observers and
county at‑large observers must submit in writing to the chief
judge of each precinct county board of elections a signed list of
the observers appointed for that precinct, except that the list of at-large
observers authorized in subsection (a) of this section shall be submitted to the
county director of elections.Individuals authorized to appoint observers must,
prior to be appointed. Prior to 10:00 A.M. on the fifth day prior to
any primary or general election, individuals authorized to appoint State at‑large
observers must submit in writing to the chair of the county board of
elections two signed copies of a list of observers appointed by them,
designating the precinct or at-large status for which each observer is
appointed. State Board of Elections a signed list of the observers to be
appointed. The State Board of Elections shall provide a signed copy of the list
of State at‑large observers to each county board of elections. Before
the opening of the voting place on the day of a primary or general election,
the chair county board of elections shall deliver one copy of the
each list of appointed observers to the chief judge for each
affected precinct, except that the list of at-large observers shall be
provided by the county director of elections to the chief judge. The chair shall
retain the other copy.precinct. The lists of observers submitted by each
appointing authority may be amended no later than the time for opening the
voting place on the day of any primary or general election.
(b1) The chair, county board of elections, or
the chief judge and judges for each affected precinct, may for good cause
reject any appointee and require that another observer be appointed. The
names of any persons appointed in place of those persons rejected shall be
furnished in writing to the chief judge of each affected precinct no later than
the time for opening the voting place on the day of any primary or general
election, either by the chair of the county board of elections or the person
individual making the substitute appointment.
(b2) If party chairs Individuals authorized to appoint
observers under this section may appoint observers to serve at one‑stop
sites under G.S. 163‑227.2, 163‑227.5, and 163‑227.6,
those party chairs shall provide a 163‑227.6. A list of the
observers to be appointed must be submitted pursuant to subsection
(b) of this section before 10:00 A.M. on the fifth day before the observer
is to observe. At‑large observers may serve at any one‑stop
site.A county at‑large observer may serve at any one‑stop
site in the county and a State at‑large observer may serve at any one‑stop
site in the State.
(b3) No more than two precinct‑specific observers appointed from each political party shall be permitted in the voting enclosure at each voting place at any time. In addition to the two precinct‑specific observers, one at‑large observer from each political party, whether designated as a county at‑large observer or a State at‑large observer, may be in the voting enclosure at each voting place. No more than two precinct‑specific observers designated by an unaffiliated candidate or an unaffiliated candidate's campaign manager appearing on the ballot shall be permitted in the voting enclosure at each voting place at any time.
(b4) Observers may be relieved during the day of the primary or election. At the option of the appointing authority, a precinct‑specific observer may alternate with another precinct‑specific observer, and a county at‑large observer or State at‑large observer may alternate with another county at‑large observer or State at‑large observer, throughout the day as needed, provided that each observer's name is on the list submitted by the appointing authority as required by this section.
(c) An observer shall do no electioneering at the voting place, and shall in no manner impede the voting process or interfere or communicate with or observe any voter in casting a ballot, but, subject to these restrictions, the chief judge and judges of elections shall permit the observer to make such observation and take such notes as the observer may desire.
(d) Whether or not the observer attends to the polls for the requisite time provided by this section, each observer shall be entitled to obtain at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart, a list of the persons who have voted in the precinct so far in that election day. Counties that use an "authorization to vote document" instead of poll books may comply with the requirement in the previous sentence by permitting each observer to inspect election records so that the observer may create a list of persons who have voted in the precinct so far that election day; each observer shall be entitled to make the inspection at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart.
(e) Instead
of having an observer receive the voting list, list in accordance
with subsection (d) of this section, the chair of a county party chair
political party, or an unaffiliated candidate or an unaffiliated
candidate's campaign manager, may send a runner to do so, even if an
observer has not been appointed for that precinct. The runner may be the precinct
party chair or any person named by the county party chair. Each county party chair or unaffiliated candidate or
unaffiliated candidate's campaign manager, appointing authority using
runners in an election shall provide to the county board of elections before
10:00 A.M. on the fifth day before election
day a list of the all runners to be used. That party chair used
and must notify the chair of the county board of elections or the
board chair's designee of the names of all runners to be used in each
precinct before the runner goes to the precinct. The runner may receive a voter list from the precinct on
the same schedule as an observer. Whether obtained by an observer or
runner, each party or unaffiliated candidate is entitled to only one
voter list at each of the scheduled times. No runner may enter the voting
enclosure except when necessary to announce that runner's presence and to
receive the list. The runner must leave immediately after being provided with
the list."
SECTION 2.(a) G.S. 163‑166.7(c)(9) reads as rewritten:
"(9) Party observers Observers
are given access as provided by G.S. 163‑45 to current
information about which voters have voted."
SECTION 2.(b) G.S. 163‑227.6(a) reads as rewritten:
"(a) Notwithstanding any
other provision of G.S. 163‑227.2, 163‑227.5, and this
section, a county board of elections by unanimous vote of all its members may
provide for one or more sites in that county for absentee ballots to be applied
for and cast under these sections. Every individual staffing any of those sites
shall be a member or full‑time employee of the county board of elections
or an employee of the county board of elections whom the board has given
training equivalent to that given a full‑time employee. Those sites must
be approved by the State Board as part of a Plan for Implementation approved by
both the county board of elections and by the State Board which shall also
provide adequate security of the ballots and provisions to avoid allowing
persons to vote who have already voted. The Plan for Implementation shall
include a provision for the presence of political party observers at
each one‑stop site equivalent to the provisions in G.S. 163‑45
for party observers at voting places on election day. A county board of
elections may propose in its Plan not to offer one‑stop voting at the
county board of elections office; the State Board may approve that proposal in
a Plan only if the Plan includes at least one site reasonably proximate to the
county board of elections office and the State Board finds that the sites in
the Plan as a whole provide adequate coverage of the county's electorate. If a
county board of elections has considered a proposed Plan or Plans for
Implementation and has been unable to reach unanimity in favor of a Plan, a
member or members of that county board of elections may petition the State
Board to adopt a plan for it. If petitioned, the State Board may also receive
and consider alternative petitions from another member or members of that county
board. The State Board may adopt a Plan for that county. The State Board, in
that plan, shall take into consideration whether the Plan disproportionately
favors any party, racial or ethnic group, or candidate."
SECTION 3. This act becomes effective October 1, 2021, and applies to elections held on or after that date.