GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 1
HOUSE BILL 887
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Short Title: Automatic and Online Voter Registration. |
(Public) |
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Sponsors: |
Representatives Hawkins, Dahle, Hunt, and Meyer (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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May 5, 2021
A BILL TO BE ENTITLED
AN ACT to provide for automatic voter registration at drivers license offices, public agencies, community colleges, and colleges and universities of the university of north carolina and TO requirE the state board of elections to implement an outreach campaign informing citizens about automatic voter registration; and to allow individuals who meet the criteria to register to vote or change voter registration online.
The General Assembly of North Carolina enacts:
PART I. AUTOMATIC VOTER REGISTRATION
SECTION 1.1. G.S. 163‑82.3 reads as rewritten:
"§ 163‑82.3. Voter registration application forms.forms;
automatic voter registration at certain agencies.
(a) Form Developed by State Board of Elections. The State Board of Elections shall develop an application form for voter registration. Any person may use the form to apply to do any of the following:
(c) Agency Application
Form. Application. The county board of elections where an
applicant resides shall accept as application for any of the purposes set out
in subsection (a) of this section a form automatic voter registration
developed pursuant to G.S. 163‑82.19 or G.S. 163‑82.20."
SECTION 1.2. G.S. 163‑82.6 reads as rewritten:
"§ 163‑82.6. Acceptance of application forms.
(a) How the Form May Be
Submitted. The county board of elections shall accept any form described in
G.S. 163‑82.3 if the applicant submits the form by mail, facsimile
transmission, transmission of a scanned document, or in person. person or by automatic voter registration
pursuant to G.S. 163‑82.19, 163‑82.20, 115D‑5, or 116‑11.
The applicant may delegate the submission of the form to another person.
Any person who communicates to an applicant acceptance of that delegation shall
deliver that form so that it is received by the appropriate county board of
elections in time to satisfy the registration deadline in subdivision (1) or
(2) of subsection (d) of this section for the next election. It shall be a
Class 2 misdemeanor for any person to communicate to the applicant acceptance
of that delegation and then fail to make a good faith effort to deliver the
form so that it is received by the county board of elections in time to satisfy
the registration deadline in subdivision (1) or (2) of subsection (d) of this section
for the next election. It shall be an affirmative defense to a charge of
failing to make a good faith effort to deliver a delegated form by the
registration deadline that the delegatee informed the applicant that the form
would not likely be delivered in time for the applicant to vote in the next
election. It shall be a Class 2 misdemeanor for any person to sell or attempt
to sell a completed voter registration form or to condition its delivery upon
payment.
(d) Registration Deadlines
for a Primary or Election. In order to be valid for a primary or election,
the form:form must comply with one of the following:
(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,election.
(2) If submitted in person,
by facsimile transmission, or by transmission of a scanned document, or
by automatic voter registration, 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,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 1.3. G.S. 163‑82.19 reads as rewritten:
"§ 163‑82.19. Voter Automatic voter registration
at drivers license offices; coordination on data interface.
(a) Automatic Voter
Registration at Drivers License Offices. The Beginning January 1,
2022, the Division of Motor Vehicles shall, pursuant to the rules
adopted by in consultation with the State Board of Elections, modify
its forms so that implement a method by which 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 shall be
automatically registered to vote, or able 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. 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. 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.inform the applicant of the following:
(1) That the applicant shall be registered to vote or have the applicant's voter registration record updated, as applicable, unless the applicant declines.
(2) The qualifications to vote under G.S. 163‑55.
(3) That the applicant should not register if the applicant does not meet the qualifications described under subdivision (2) of this subsection.
(4) That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
(5) That if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and be used for voter registration purposes only.
(6) Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
(a1) Requirements. If the applicant does not decline voter registration, the person taking the application shall require the applicant to provide all information requested of the applicant under G.S. 163‑82.4, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the applicant fails to declare a political party affiliation, the applicant's political affiliation shall be designated as unaffiliated. The applicant shall provide an electronic signature as required under G.S. 163‑82.6(c), subject to the penalty of perjury, by which the applicant attests that the information provided by the applicant is true and the applicant meets all qualifications to become a registered voter.
(a2) When Registration Effective. 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.
(a3) All applications shall be forwarded by the Transmittal
from Department of Transportation to Board of Elections. The Department
of Transportation shall electronically transmit the applications of
applicants who have not declined voter registration 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. Those rules shall provide for a paperless, instant, electronic
transfer of applications to the appropriate board of elections.
(a4) Confidentiality of Declination to Register. No information relating to a declination to register to vote in connection with a voter registration application at a Division of Motor Vehicles office may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163‑82.4(c), including compliance with any voter registration requirements under G.S. 163‑82.10.
(b) Any Ineligible
Applications Prohibited. If a person who is ineligible to vote becomes registered
to vote pursuant to this section, the presumption shall be that the person's
registration is deemed officially authorized and shall not be attributed to any
fault of the person. However, any person who willfully and knowingly and
with fraudulent intent gives false information on the application [described
in subsection (a) of this section] described under this section is
guilty of a Class I felony.
(d) No Requirement to Determine Eligibility. Nothing in this section shall be construed as requiring the Department of Transportation to determine eligibility for voter registration and voting."
SECTION 1.4. G.S. 163‑82.20 reads as rewritten:
"§ 163‑82.20. Voter registration at other public agencies.agencies;
automatic voter registration.
(a) Voter Registration Agencies. Every office in this State which accepts:
(b) Duties of Voter
Registration Agencies. Agencies; Automatic Voter Registration
Information. A Beginning January 1, 2023, a voter
registration agency described in subsection (a) of this section shall, unless
the applicant declines, in writing, to register to vote:in consultation
with the State Board, provide, with each application for service or assistance,
and with each recertification, renewal, or change of address relating to such
service or assistance, an application process for automatic voter registration.
The person taking the application shall inform the applicant 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, 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.
That the applicant shall be registered to vote or have the applicant's voter registration record updated, as applicable, unless the applicant declines.
(2) Provide a form that
contains the elements required by section 7(a)(6)(B) of the National Voter
Registration Act; andThe qualifications to vote under G.S. 163‑55.
(3) Provide to each
applicant who does not decline to register 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.That
the applicant should not register if the applicant does not meet the
qualifications described under subdivision (2) of this subsection.
(4) That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
(5) That if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and be used for voter registration purposes only.
(6) Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
(b1) Requirements. If the applicant does not decline voter registration, the person taking the application shall require the applicant to provide all information requested of the applicant under G.S. 163‑82.4, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the applicant fails to declare a political party affiliation, the applicant's political affiliation shall be designated as unaffiliated. The applicant shall provide an electronic signature as required under G.S. 163‑82.6(c), subject to the penalty of perjury, by which the applicant attests that the information provided by the applicant is true and the applicant meets all qualifications to become a registered voter.
(c) Employment Security Law Applicants. Provided that voter registration agencies designated under subdivision (a)(3) of this section shall only be required to provide the services set out in this subsection to applicants for new claims, reopened claims, and changes of address under Chapter 96 of the General Statutes, the Employment Security Law.
(d) Home Registration for Disabled. If a voter registration agency provides services to a person with disability at the person's home, the voter registration agency shall provide the services described in subsection (b) of this section at the person's home. However, the agency is not required to provide automatic voter registration at the person's home.
(f) Confidentiality of Declination to Register. No information relating to a declination to register to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163‑82.4(c), including compliance with any voter registration requirements under G.S. 163‑82.10.
(g) Transmittal From Agency
to Board of Elections. Any voter registration 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 The agency shall electronically transmit the applications of
applicants who did not decline voter registration 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.
(i) Ineligible Applications Prohibited. No person shall make application to register 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. However, if a person who is ineligible to vote becomes registered to vote pursuant to this section, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.
(j) No Requirement to Determine Eligibility. Nothing in this section shall be construed as requiring agencies to determine eligibility for voter registration and voting."
SECTION 1.5.(a) G.S. 163‑82.20A reads as rewritten:
"§ 163‑82.20A. Voter registration upon restoration of citizenship.
The State Board of Elections, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Administrative Office of the Courts shall jointly develop and implement educational programs and procedures for persons to apply to register to vote at the time they are restored to citizenship and all filings required have been completed under Chapter 13 of the General Statutes. Those procedures shall be designed to do both of the following:
(1) Inform the person that the restoration of rights removes the person's disqualification from voting, but that in order to vote the person must register to vote.
(2) Provide an opportunity to
that person to register to vote.vote, including informing the person
of automatic voter registration in accordance with G.S. 163‑82.19 or
G.S. 163‑82.20.
At a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice."
SECTION 1.5.(b) G.S. 163‑82.20A, as amended by subsection (a) of this section, reads as rewritten:
"§ 163‑82.20A. Voter registration upon restoration of citizenship.
The State Board of Elections, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Administrative Office of the Courts shall jointly develop and implement educational programs and procedures for persons to apply to register to vote at the time they are restored to citizenship and all filings required have been completed under Chapter 13 of the General Statutes. Those procedures shall be designed to do both of the following:
(1) Inform the person that the restoration of rights removes the person's disqualification from voting, but that in order to vote the person must register to vote.
(2) Provide an opportunity to
that person to register to vote, including informing the person of automatic
voter registration in accordance with G.S. 163-82.19 or 163-82.20.G.S. 163‑82.19,
163‑82.20, 115D‑5, or 116‑11.
At a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice."
SECTION 1.6. G.S. 115D‑5 reads as rewritten:
"§ 115D‑5. Administration of institutions by State
Board of Community Colleges; personnel exempt from North Carolina Human
Resources Act; extension courses; tuition waiver; in‑plant training;
contracting, etc., for establishment and operation of extension units of the
community college system; use of existing public school facilities.facilities;
automatic voter registration.
(a) The State Board of Community Colleges may adopt and execute such policies, regulations and standards concerning the establishment, administration, and operation of institutions as the State Board may deem necessary to insure the quality of educational programs, to promote the systematic meeting of educational needs of the State, and to provide for the equitable distribution of State and federal funds to the several institutions.
(z) Automatic Voter Registration. Beginning January 1, 2023, the State Board of Community Colleges, in consultation with the State Board of Elections, shall provide each person who is enrolled and registering for courses as a student in a State community college the option for automatic voter registration as follows:
(1) Information provided to student. In providing an automatic voter registration application process, the person taking the application shall inform the student of the following:
a. That the student shall be registered to vote or have the student's voter registration record updated, as applicable, unless the student declines.
b. The qualifications to vote under G.S. 163‑55.
c. That the student should not register if the student does not meet the qualifications described under sub‑subdivision b. of this subdivision.
d. That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
e. That if the student declines to register to vote, the fact that the student has declined to register will remain confidential and be used for voter registration purposes only.
f. Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
(2) Requirements. If the student does not decline voter registration, the person taking the application shall require the student to provide all information requested of the student under G.S. 163‑82.4, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the student fails to declare a political party affiliation, the student's political affiliation shall be designated as unaffiliated. The student shall provide an electronic signature as required under G.S. 163‑82.6(c), subject to the penalty of perjury, by which the student attests that the information provided by the student is true, and the student meets all qualifications to become a registered voter.
(3) Confidentiality of declination to register. No information relating to a declination to register to vote in connection with an application made at a State community college may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163‑82.4, including compliance with any voter registration requirements under G.S. 163‑82.10.
(4) Transmittal from State community college to board of elections. The State community college shall electronically transmit the applications of students who did not decline voter registration 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.
(5) Twenty‑fiveday deadline for an election. Applications to register accepted by a State community college shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty‑fifth calendar day immediately preceding the primary, general, or special election, provided that nothing shall prohibit State community colleges from continuing to accept applications during that period.
(6) Ineligible applications prohibited. No person shall make application to register to vote under this subsection if that person is ineligible because of age, citizenship, lack of residence for the period of time provided by law, or conviction of a felony. However, if a person who is ineligible to vote becomes registered to vote pursuant to this subsection, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.
(7) No requirement to determine eligibility. Nothing in this subsection shall be construed as requiring State community colleges to determine eligibility for voter registration and voting."
SECTION 1.7. G.S. 116‑11 is amended by adding a new subdivision to read:
"§ 116‑11. Powers and duties generally.
The powers and duties of the Board of Governors shall include the following:
(15) Automatic voter registration. Beginning January 1, 2023, the Board of Governors, in consultation with the State Board of Elections, shall provide each person who is enrolled and registering for courses as a student in a State college or university in The University of North Carolina System the option for automatic voter registration as follows:
a. Information provided to student. In providing an automatic voter registration application process, the person taking the application shall inform the student of the following:
1. That the student shall be registered to vote or have the student's voter registration record updated, as applicable, unless the student declines.
2. The qualifications to vote under G.S. 163‑55.
3. That the student should not register if the student does not meet the qualifications described under sub‑sub‑subdivision 2. of this sub‑subdivision.
4. That any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.
5. That if the student declines to register to vote, the fact that the student has declined to register will remain confidential and be used for voter registration purposes only.
6. Information regarding the address confidentiality program under Chapter 15C of the General Statutes, including how to register for the program and how voter registration may impact participation in the program.
b. Requirements. If the student does not decline voter registration, the person taking the application shall require the student to provide all information requested of the student under G.S. 163‑82.4, including declaring a preference to be affiliated with a political party or a preference to be an unaffiliated voter. If the student fails to declare a political party affiliation, the student's political affiliation shall be designated as unaffiliated. The student shall provide an electronic signature as required under G.S. 163‑82.6(c), subject to the penalty of perjury, by which the student attests that the information provided by the student is true, and the student meets all qualifications to become a registered voter.
c. Confidentiality of declination to register. No information relating to a declination to register to vote in connection with an application made at a State college or university in The University of North Carolina System may be used for any purpose other than voter registration. The State Board shall ensure that information acquired for purposes of automatic voter registration under this section is kept confidential in accordance with G.S. 163‑82.4, including compliance with any voter registration requirements under G.S. 163‑82.10.
d. Transmittal from State college or university to board of elections. The State college or university in The University of North Carolina System shall electronically transmit the applications of students who did not decline voter registration 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.
e. Twenty‑fiveday deadline for an election. Applications to register accepted by a State college or university in The University of North Carolina System shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty‑fifth calendar day immediately preceding the primary, general, or special election, provided that nothing shall prohibit State colleges or universities in The University of North Carolina System from continuing to accept applications during that period.
f. Ineligible applications prohibited. No person shall make application to register to vote under this subdivision if that person is ineligible because of age, citizenship, lack of residence for the period of time provided by law, or conviction of a felony. However, if a person who is ineligible to vote becomes registered to vote pursuant to this subdivision, the presumption shall be that the person's registration is deemed officially authorized and shall not be attributed to any fault of the person.
g. No requirement to determine eligibility. Nothing in this subdivision shall be construed as requiring State colleges or universities in The University of North Carolina System to determine eligibility for voter registration and voting."
SECTION 1.8. The State Board of Elections shall establish and implement an education and outreach campaign to inform voters of the automatic voter registration procedures established pursuant to this act.
SECTION 1.9. Sections 1.1 through 1.3 and Section 1.5(a) of this Part become effective January 1, 2022. Sections 1.4, 1.5(b), 1.6, and 1.7 of this Part become effective January 1, 2023. The remainder of this Part is effective when it becomes law.
PART II. ONLINE VOTER REGISTRATION
SECTION 2.1. G.S. 163‑82.5 reads as rewritten:
"§ 163‑82.5. Distribution of application forms.
(a) The State Board of Elections shall make the forms described in G.S. 163‑82.3 available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration drives.
(b) The State Board shall make the forms available for completion and submission on a secure internet website in accordance with this Article."
SECTION 2.2. Article 7A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑82.5A. Online voter registration.
(a) An individual who meets all of the following criteria may register to vote or change voter registration online:
(1) The individual is eligible to register to vote.
(2) The individual possesses one of the following that is current and valid:
a. North Carolina drivers license issued under Article 2 of Chapter 20 of the General Statutes, including a learner's permit or a provisional license.
b. Special identification card for nonoperators issued under G.S. 20‑37.7.
(b) The State Board shall establish a secure internet website to permit individuals described in subsection (a) of this section to complete and submit voter registration applications online.
(c) The secure internet website established under subsection (b) of this section shall allow an individual described in subsection (a) of this section to submit:
(1) An application for any of the following:
a. Voter registration.
b. Reporting of a change of name, address, or party affiliation. If the individual is already registered to vote and the change of address is to another county, it shall be treated as an application to register to vote.
(2) Information to establish that the individual is eligible under this section to register online.
(3) The individual's email address.
(d) Upon receipt of an individual's application under subsection (c) of this section, the county board of elections, in conjunction with the State Board, shall verify the North Carolina drivers license or social security number in accordance with G.S. 163‑82.12, update the statewide registration database and search for possible duplicate registrations, and proceed under G.S. 163‑82.7 to verify the person's address.
(e) If the State Board verifies the North Carolina drivers license or social security number in accordance with G.S. 163‑82.12, the Division of Motor Vehicles shall transfer the digital signature of the applicant in the Division of Motor Vehicles' records to the State Board.
(f) If the State Board cannot verify the North Carolina drivers license or social security number in accordance with G.S. 163‑82.12, the State Board shall so notify the individual submitting the application by email, if provided, and in accordance with this Article. That individual shall be offered an opportunity to register in accordance with G.S. 163‑82.6 or G.S. 163‑82.6A, as applicable."
SECTION 2.3. G.S. 163‑82.10(a1) reads as rewritten:
"(a1) Personal Identifying Information. Full or partial social security numbers, dates of birth, the identity of the public agency at which the voter registered under G.S. 163‑82.20, any electronic mail address submitted under this Article, Article 20, or Article 21A of this Chapter, photocopies of identification for voting, any electronic data associated with online voter registration under G.S. 163‑82.5A, and drivers license numbers, whether held by the State Board or a county board of elections, are confidential and shall not be considered public records and subject to disclosure to the general public under Chapter 132 of the General Statutes. Cumulative data based on those items of information may be publicly disclosed as long as information about any individual cannot be discerned from the disclosed data. Disclosure of information in violation of this subsection shall not give rise to a civil cause of action. This limitation of liability does not apply to the disclosure of information in violation of this subsection as a result of gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable."
SECTION 2.4. This Part becomes effective December 1, 2021.
PART III. ELIMINATE WET INK REGISTRATION
SECTION 3.1. G.S. 163‑82.6(c) reads as rewritten:
"(c) Signature. The
form shall be valid only if signed by the applicant. An electronically
captured signature, including signatures on applications generated by computer
programs of third‑party groups, shall not be valid on a voter
registration form, except as provided in Article 21A of this Chapter.
Notwithstanding the provisions of this subsection, an An electronically
captured image of the signature of a voter on an electronic voter registration
form offered by a State agency shall be considered a valid signature for all
purposes for which a signature on a paper voter registration form is
used."
PART IV. EFFECTIVE DATE
SECTION 4.1. Except as otherwise provided, this act is effective when it becomes law.