GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
S 1
SENATE BILL 306
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Short Title: Fix Our Democracy. |
(Public) |
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Sponsors: |
Senators Marcus, Mohammed, and Salvador (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 15, 2023
A BILL TO BE ENTITLED
AN ACT amending the NORTH CAROLINA constitution to establish a nonpartisan redistricting process; REENACTING LEGISLATION THAT ESTABLISHED A NONPARTISAN METHOD for judicial elections; EXTENDING THE WAITING PERIOD FOR FORMER LEGISLATORS WHO BECOME LOBBYISTS; eliminating the requirement for wet ink registration; PROVIDING FOR ONLINE VOTER REGISTRATION, and appropriating funds for that purpose, AND AUTOMATIC VOTER REGISTRATION; INCREASING TRANSPARENCY BY REQUIRING adequate NOTICE OF MEETINGS OF ALL LEGISLATIVE COMMITTEES and sessions OCCURRING in the legislative complex AND requiring LIVE VIDEO AND AUDIO STREAMING OF ALL LEGISLATIVE COMMITTEE and COMMISSION meetings and Sessions occurring IN THE LEGISLATIVE cOMPLEX; ENSURING VOTING PLACES ON CERTAIN COLLEGE CAMPUSES; PROHIBITING VOTER ROLL PURGING; MAKING VARIOUS CHANGES to the CAMPAIGN FINANCE LAWS REGARDING TRANSPARENCY IN SOURCES OF SPENDING, DIGITAL ADvertisement CAMPAIGNS, PROTECTIONS AGAINST FOREIGN INTERFERENCE IN ELECTIONS, and LIMITING SUPER PAC INFLUENCE; reestablishing public financing for judicial campaigns; and restoring citizenship rights of certain offenders.
Whereas, short‑term political incentives are currently set against the long‑term public good; and
Whereas, the needed reforms are generally well known; and
Whereas, the people of North Carolina are demanding free and fair elections and a true democracy; and
Whereas, restoring the people's trust in our work begins with restoring the people's fundamental role in our elections; Now, therefore,
The General Assembly of North Carolina enacts:
part i. nonpartisan redistricting process
SECTION 1.1.(a) Section 3 of Article II of the North Carolina Constitution reads as rewritten:
"Sec. 3. Senate districts; apportionment of Senators.
The Senators shall be elected from
districts. The General Assembly, at the first regular session convening
after the return of every decennial census of population taken by order of
Congress, shall revise the senate districts and the apportionment of Senators
among those districts, subject to the following requirements:Assembly
shall establish a nonpartisan process to revise the senate districts and the
apportionment of Senators among those districts pursuant to Section 25 of this
Article.
(1) Each Senator shall represent, as nearly as may
be, an equal number of inhabitants, the number of inhabitants that each Senator
represents being determined for this purpose by dividing the population of the
district that he represents by the number of Senators apportioned to that
district;
(2) Each senate district shall at all times consist
of contiguous territory;
(3) No county shall be divided in the formation of a
senate district;
(4) When established, the senate districts and the
apportionment of Senators shall remain unaltered until the return of another
decennial census of population taken by order of Congress."
SECTION 1.1.(b) Section 5 of Article II of the North Carolina Constitution reads as rewritten:
"Sec. 5. Representative districts; apportionment of Representatives.
The Representatives shall be
elected from districts. The General Assembly, at the first regular session
convening after the return of every decennial census of population taken by
order of Congress, shall revise the representative districts and the
apportionment of Representatives among those districts, subject to the
following requirements:Assembly shall establish a nonpartisan process to
revise the representative districts and the apportionment of Representatives
among those districts pursuant to Section 25 of this Article.
(1) Each Representative shall represent, as nearly
as may be, an equal number of inhabitants, the number of inhabitants that each
Representative represents being determined for this purpose by dividing the
population of the district that he represents by the number of Representatives
apportioned to that district;
(2) Each representative district shall at all times
consist of contiguous territory;
(3) No county shall be divided in the formation of a
representative district;
(4) When established, the representative districts
and the apportionment of Representatives shall remain unaltered until the
return of another decennial census of population taken by order of Congress."
SECTION 1.1.(c) Article II of the North Carolina Constitution is amended by adding a new section to read:
"Sec. 25. Redistricting.
The General Assembly shall establish by law a nonpartisan process to revise electoral districts for the General Assembly and the House of Representatives of the United States Congress after the return of every decennial census of population taken by order of Congress. The process shall meet at least all of the following requirements:
(2) Each member of the Senate and House of Representatives of the General Assembly and the House of Representatives of the United States Congress shall represent, as nearly as may be, an equal number of inhabitants.
(3) Each electoral district shall at all times consist of contiguous territory.
(4) To the extent practicable and consistent with federal law, no county shall be divided in the formation of an electoral district for the Senate or House of Representatives of the General Assembly.
(5) When established, the electoral districts for the Senate and House of Representatives of the General Assembly shall remain unaltered until the return of another decennial census of population taken by order of Congress.
(6) Electoral districts adopted pursuant to the process shall have the force and effect of acts of the General Assembly."
SECTION 1.1.(d) Subsection (5) of Section 22 of Article II of the North Carolina Constitution reads as rewritten:
"(5) Other exceptions.
Appointments to office. Every bill:
(a) In bill in which the General Assembly
makes an appointment or appointments to public office and which contains no
other matter;
(b) Revising the senate districts and the
apportionment of Senators among those districts and containing no other matter;
(c) Revising the representative districts and the
apportionment of Representatives among those districts and containing no other
matter; or
(d) Revising the districts for the election of
members of the House of Representatives of the Congress of the United States
and the apportionment of Representatives among those districts and containing
no other matter, matter shall be read three times in each house
before it becomes law and shall be signed by the presiding officers of both
houses."
SECTION 1.2.(a) The amendments set out in Section 1.1 of this act shall be submitted to the qualified voters of the State at the statewide general election to be held in November 2024, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR [ ] AGAINST
A constitutional amendment providing for a nonpartisan process to be established in law to redistrict the State for the purpose of electing members of the General Assembly and the United States House of Representatives. The General Assembly would establish the nonpartisan process in law and have no other role in the creation of the districts."
SECTION 1.2.(b) If a majority of votes cast on the question are in favor of the amendments set out in Section 1.1 of this act, the State Board of Elections shall certify the amendments to the Secretary of State. The Secretary of State shall enroll the amendments so certified among the permanent records of that office. The amendments are effective upon certification.
SECTION 1.3. Except as otherwise provided, this Part is effective when it becomes law.
PART II. NONPARTISAN judicial ELECTIONS
SECTION 2.1. Chapter 163 of the General Statutes is amended by adding a new Subchapter to read:
"Subchapter XI. Election of Appellate, Superior, and District Court Judges.
"Article 26.
"Nomination and Election of Appellate, Superior, and District Court Judges.
"§ 163‑350. Applicability.
The nomination and election of justices of the Supreme Court, judges of the Court of Appeals, and superior and district court judges of the General Court of Justice shall be as provided by this Article.
"§ 163‑351. Nonpartisan primary election method.
(a) General. Except as provided in G.S. 163‑358, there shall be a primary to narrow the field of candidates to two candidates for each position to be filled if, when the filing period closes, there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled. If only one or two candidates file for a single office, no primary shall be held for that office and the candidates shall be declared nominated. If the number of candidates for a group of offices does not exceed twice the number of positions to be filled, no primary shall be held for those offices and the candidates shall be declared nominated.
(b) Determination of Nominees. In the primary, the two candidates for a single office receiving the highest number of votes and those candidates for a group of offices receiving the highest number of votes equal to twice the number of positions to be filled shall be declared nominated. If two or more candidates receiving the highest number of votes each receive the same number of votes, the State Board shall determine their relative ranking by lot and shall declare the nominees accordingly. The canvass of the primary shall be held on the same date as the primary canvass fixed under G.S. 163‑182.5. The canvass shall be conducted in accordance with Article 15A of this Chapter.
(c) Determination of Election Winners. In the election, the names of those candidates declared nominated without a primary and those candidates nominated in the primary shall be placed on the ballot. The candidate for a single office receiving the highest number of votes shall be elected. Those candidates for a group of offices receiving the highest number of votes equal in number to the number of positions to be filled shall be elected. If two candidates receiving the highest number of votes each received the same number of votes, the State Board shall determine the winner by lot.
"§ 163‑352. Notice of candidacy.
(a) Form of Notice. Each person offering to be a candidate for election shall do so by filing a notice of candidacy with the State Board in the following form, inserting the words in parentheses when appropriate:
Date: _______________________________
I hereby file notice that I am a candidate for election to the office of __________ in the regular election to be held _____________, ____.
Signed: ______________________________
(Name of Candidate)
Witness: _______________________________________________________________
The notice of candidacy shall be either signed in the presence of the chairman or secretary of the State Board or signed and acknowledged before an officer authorized to take acknowledgments who shall certify the notice under seal. An acknowledged and certified notice may be mailed to the State Board. In signing a notice of candidacy, the candidate shall use only the candidate's legal name and, in the candidate's discretion, any nickname by which the candidate is commonly known. A candidate may also, in lieu of that candidate's first name and legal middle initial or middle name, if any, sign that candidate's nickname, provided the candidate appends to the notice of candidacy an affidavit that the candidate has been commonly known by that nickname for at least five years prior to the date of making the affidavit. The candidate shall also include with the affidavit the way the candidate's name (as permitted by law) should be listed on the ballot if another candidate with the same last name files a notice of candidacy for that office.
A notice of candidacy signed by an agent or any person other than the candidate himself or herself shall be invalid.
(b) Time for Filing Notice of Candidacy. Candidates seeking election to the following offices shall file their notice of candidacy with the State Board no earlier than 12:00 noon on the first Monday in December and no later than 12:00 noon on the third Friday in December preceding the election:
(1) Justices of the Supreme Court.
(2) Judges of the Court of Appeals.
(3) Judges of the superior courts.
(4) Judges of the district courts.
(c) Withdrawal of Notice of Candidacy. Any person who has filed a notice of candidacy for an office shall have the right to withdraw it at any time prior to the close of business on the third business day prior to the date on which the right to file for that office expires under the terms of subsection (b) of this section.
(d) Certificate That Candidate is Registered Voter. Candidates shall file, along with their notice, a certificate signed by the chairman of the board of elections or the supervisor of elections of the county in which they are registered to vote stating that the person is registered to vote in that county. In issuing the certificate, the chairman or supervisor shall check the registration records of the county to verify the information. During the period commencing 36 hours immediately preceding the filing deadline, the State Board shall accept, on a conditional basis, the notice of candidacy of a candidate who has failed to secure the verification required by this subsection subject to receipt of verification no later than three days following the filing deadline. The State Board shall prescribe the form for the certificate and distribute it to each county board of elections no later than the last Monday in December of each odd‑numbered year.
(e) Candidacy for More Than One Office Prohibited. No person may file a notice of candidacy for more than one office or group of offices described in subsection (b) of this section, or for an office or group of offices described in subsection (b) of this section and an office described in G.S. 163‑106.2, for any one election. If a person has filed a notice of candidacy with a board of elections under this section or under G.S. 163‑106.2 for one office or group of offices, then a notice of candidacy may not later be filed for any other office or group of offices under this section when the election is on the same date unless the notice of candidacy for the first office is withdrawn under subsection (c) of this section.
(f) Notice of Candidacy for Certain Offices to Indicate Vacancy. In any election in which there are two or more vacancies for the office of justice of the Supreme Court, judge of the Court of Appeals, or district court judge to be filled by nominations, each candidate shall, at the time of filing notice of candidacy, file with the State Board a written statement designating the vacancy to which the candidate seeks election. Votes cast for a candidate shall be effective only for election to the vacancy for which the candidate has given notice of candidacy as provided in this subsection.
A person seeking election for a specialized district judgeship established under G.S. 7A‑147 shall, at the time of filing notice of candidacy, file with the State Board a written statement designating the specialized judgeship to which the person seeks nomination.
(g) Notice of Candidacy for Superior Court Judge; Residency. No person may file a notice of candidacy for superior court judge unless that person is at the time of filing the notice of candidacy a resident of the judicial district as it will exist at the time the person would take office if elected. No person may be nominated as a superior court judge under G.S. 163‑114 unless that person is at the time of nomination a resident of the judicial district as it will exist at the time the person would take office if elected. This subsection implements Section 9(1) of Article IV of the North Carolina Constitution which requires regular superior court judges to reside in the district for which elected.
"§ 163‑353. Filing fees required of candidates; refunds.
(a) Fee Schedule. At the time of filing a notice of candidacy under this Article, each candidate shall pay to the State Board a filing fee for the office the candidate seeks in the amount of one percent (1%) of the annual salary of the office sought.
(b) Refund of Fees. If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section withdraws his or her notice of candidacy within the period prescribed in G.S. 163‑352(c), the candidate shall be entitled to have the fee the candidate paid refunded. The chairman of the State Board shall cause a warrant to be drawn on the State Treasurer for the refund payment.
(c) Refund of Fees Upon Death of Candidate. If any person who has filed a notice of candidacy and paid the filing fee prescribed in subsection (a) of this section dies prior to the date of the election, the personal representative of the estate shall be entitled to have the fee refunded if application is made to the board of elections to which the fee was paid no later than one year after the date of death and refund shall be made in the same manner as the withdrawal of notice of candidacy.
"§ 163‑354. Petition in lieu of payment of filing fee.
(a) General. Any qualified voter who seeks election under this Article may, in lieu of payment of any filing fee required for the office sought, file a written petition requesting to be a candidate for a specified office with the State Board.
(b) Requirements of Petition; Deadline for Filing. If the candidate is seeking the office of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge, that individual shall file a written petition with the State Board no later than 12:00 noon on Monday preceding the filing deadline before the primary. If the office is justice of the Supreme Court or judge of the Court of Appeals, the petition shall be signed by 8,000 registered voters in the State. If the office is superior or district court judge, the petition shall be signed by five percent (5%) of the registered voters of the election area in which those registered voters will vote for that office. The board of elections shall verify the names on the petition, and if the petition and notice of candidacy are found to be sufficient, the candidate's name shall be printed on the appropriate ballot. Petitions shall be presented to the county board of elections for verification at least 15 days before the petition is due to be filed with the State Board. The State Board may adopt rules to implement this section and to provide standard petition forms.
"§ 163‑355. Certification of notices of candidacy.
(a) Names of Candidates Sent to Secretary of State. Within three days after the time for filing notices of candidacy with the State Board under the provisions of G.S. 163‑352(b) has expired, the chairman or secretary of that Board shall certify to the Secretary of State the name and address of each person who has filed with the State Board, indicating in each instance the office sought.
(b) Notification of Local Boards. No later than 10 days after the time for filing notices of candidacy under the provisions of G.S. 163‑352(b) has expired, the chairman of the State Board shall certify to the chairman of the county board of elections in each county in the appropriate district the names of candidates for nomination to the offices of justice of the Supreme Court, judge of the Court of Appeals, and superior and district court judge who have filed the required notice and paid the required filing fee or presented the required petition to the State Board so that their names may be printed on the official judicial ballot for justice of the Supreme Court, judge of the Court of Appeals, and superior and district court judge.
(c) Receipt of Notification by County Board. Within two days after receipt of each of the letters of certification from the chairman of the State Board required by subsection (b) of this section, each county board of elections chairman shall acknowledge receipt by letter addressed to the chairman of the State Board.
"§ 163‑356. Rules when vacancies for superior court judge are to be voted on.
If a vacancy occurs in a judicial district for any offices of superior court judge, and on account of the occurrence of the vacancy there is to be an election for one or more terms in that district to fill the vacancy or vacancies, at that same election in accordance with G.S. 163‑9 and Section 19 of Article IV of the North Carolina Constitution, the nomination and election shall be determined by the following special rules in addition to any other provisions of law:
(1) If the vacancy occurs prior to the opening of the filing period under G.S. 163‑352(b), nominations shall be made by primary election as provided by this Article without designation as to the vacancy.
(2) If the vacancy occurs beginning on the opening of the filing period under G.S. 163‑352(b) and ending on the sixtieth day before the general election, candidate filing shall be as provided by G.S. 163‑358 without designation as to the vacancy.
(3) The general election ballot shall contain, without designation as to vacancy, spaces for the election to fill the vacancy where nominations were made or candidates filed under subdivision (1) or (2) of this section. Except as provided in G.S. 163‑358, the persons receiving the highest numbers of votes equal to the term or terms to be filled shall be elected to the term or terms.
"§ 163‑357. Failure of candidates to file; death or other disqualification of a candidate; no withdrawal from candidacy.
(a) Insufficient Number of Candidates. If, when the filing period expires, candidates have not filed for an office to be filled under this Article, the State Board shall extend the filing period for five days for any such offices.
(b) Death or Disqualification of Candidate Before Primary. If a candidate for nomination in a primary dies or becomes disqualified before the primary but after the ballots have been printed, the State Board 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 that candidate 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.
(c) Earlier Non‑Primary Vacancies; Reopening Filing. If there is no primary because only one or two candidates have filed for a single office, or the number of candidates filed for a group of offices does not exceed twice the number of positions to be filled, or if a primary has occurred and eliminated candidates, and thereafter a remaining candidate dies or otherwise becomes disqualified before the election and before the ballots are printed, the State Board shall, upon notification of the death or other disqualification, immediately reopen the filing period for an additional five days during which time additional candidates shall be permitted to file for election. If the ballots have been printed at the time the State Board receives notice of the candidate's death or other disqualification, the State Board shall determine whether there will be sufficient time to reprint them before the election if the filing period is reopened for three days. If the State Board determines that there will be sufficient time to reprint the ballots, it shall reopen the filing period for three days to allow other candidates to file for election and that election shall be conducted as provided in G.S. 163‑358(b).
(d) Later Vacancies; Ballots Not Reprinted. If the ballots have been printed at the time the State Board receives notice of a candidate's death or other disqualification, and if the Board determines that there is not enough time to reprint the ballots before the election if the filing period is reopened for three days, then regardless of the number of candidates remaining for the office or group of offices, the ballots shall not be reprinted and the name of the vacated candidate shall remain on the ballots. If a vacated candidate should poll the highest number of votes in the election for a single office or enough votes to be elected to one of a group of offices, the State Board shall declare the office vacant and it shall be filled in the manner provided by law.
(e) No Withdrawal Permitted of Living, Qualified Candidate After Close of Filing. After the close of the candidate filing period, a candidate who has filed a notice of candidacy for the office, who has not withdrawn notice before the close of filing as permitted by G.S. 163‑352(b), who remains alive, and has not become disqualified for the office may not withdraw his or her candidacy. That candidate's name shall remain on the ballot, any votes cast for the candidate shall be counted in the primary or election, and if the candidate wins, the candidate may fail to qualify by refusing to take the oath of office.
(f) Death, Disqualification, or Failure to Qualify After Election. If a person elected to the office of justice of the Supreme Court, judge of the Court of Appeals, or superior or district court judge dies or becomes disqualified on or after election day and before the person has qualified by taking the oath of office, or fails to qualify by refusing to take the oath of office, the office shall be deemed vacant and shall be filled as provided by law.
"§ 163‑358. Elections to fill vacancy in office created after primary filing period opens.
(a) General. If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court after the filing period for the primary opens but more than 60 days before the general election, and under the North Carolina Constitution an election is to be held for that position, such that the office shall be filled in the general election as provided in G.S. 163‑9, the election to fill the office for the remainder of the term shall be conducted without a primary using the method provided in subsection (b) of this section. If a vacancy is created in the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court before the filing period for the primary opens, and under the North Carolina Constitution an election is to be held for that position, such that the office shall be filled in the general election as provided in G.S. 163‑9, the election to fill the office for the remainder of the term shall be conducted in accordance with G.S. 163‑351.
(b) Method for Vacancy Election. If a vacancy for the office of justice of the Supreme Court, judge of the Court of Appeals, or judge of superior court occurs more than 60 days before the general election and after the opening of the filing period for the primary, then the State Board shall designate a special filing period of one week for candidates for the office. If more than two candidates file and qualify for the office in accordance with G.S. 163‑352, then the Board shall conduct the election for the office as follows:
(1) When the vacancy described in this section occurs more than 63 days before the date of the second primary for members of the General Assembly, a special primary shall be held on the same day as the second primary. The two candidates with the most votes in the special primary shall have their names placed on the ballot for the general election held on the same day as the general election for members of the General Assembly.
(2) When the vacancy described in this section occurs less than 64 days before the date of the second primary, a general election for all the candidates shall be held on the same day as the general election for members of the General Assembly and the results shall be determined on a plurality basis as provided by G.S. 163‑292.
(c) Applicable Provisions. Except as provided in this section, the provisions of this Article apply to elections conducted under this section.
"§ 163‑359. Voting in primary.
Any person who will become qualified by age or residence 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. The 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.
"§ 163‑360. Date of primary.
The primary shall be held on the same date as established for primary elections under G.S. 163‑1(b).
"§ 163‑361. Ballots.
(a) General. In elections there shall be official ballots. The ballots shall be printed to conform to the requirement of G.S. 163‑165.6(c) and to show the name of each person who has filed notice of candidacy and the office for which each aspirant is a candidate.
Only those who have filed the required notice of candidacy with the proper board of elections and who have paid the required filing fee or qualified by petition shall have their names printed on the official primary ballots. Only those candidates properly nominated shall have their names appear on the official general election ballots.
(b) Ballots to Be Furnished by County Board of Elections. It shall be the duty of the county board of elections to print official ballots for the following offices to be voted for in the primary:
(1) Justice of the Supreme Court.
(2) Judge of the Court of Appeals.
(3) Superior court judge.
(4) District court judge.
In printing ballots, the county board of elections shall be governed by instructions of the State Board with regard to width, color, kind of paper, form, and size of type.
Three days before the election, the chairman of the county board of elections shall distribute official ballots to the chief judge of each precinct in the chairman's county, and the chief judge shall give a receipt for the ballots received. On the day of the primary, it shall be the chief judge's duty to have all the ballots so delivered available for use at the precinct voting place.
"§ 163‑362. Counting of ballots.
Counting of ballots in primaries and elections held under this Article shall be under the same rules as for counting of ballots in nonpartisan municipal elections under Article 24 of this Chapter.
"§ 163‑363. Other rules.
Except as provided by this Article, the conduct of elections shall be governed by Subchapter VI of this Chapter."
SECTION 2.2. G.S. 18C‑112(e)(1) reads as rewritten:
"(1) Files a notice of
candidacy under G.S. 163‑106 through 163‑106.6 or G.S. 163‑352
or a petition under G.S. 163‑107.1.G.S. 163‑107.1
or G.S. 163‑354."
SECTION 2.3. G.S. 163‑1(b) reads as rewritten:
"(b) On Tuesday next
after the first Monday in March preceding each general election to be held in
November for the officers referred to in subsection (a) of this section, there
shall be held in all election precincts within the territory for which the
officers are to be elected a primary election for the purpose of nominating
candidates for each political party in the State for those offices.offices
and nonpartisan candidates as to the offices elected under the provisions of
Article 26 of this Chapter."
SECTION 2.4. G.S. 163‑22.3 reads as rewritten:
"§ 163‑22.3. State Board of Elections littering notification.
At the time an individual files
with the State Board of Elections a notice of candidacy pursuant to
G.S. 163‑106, 163‑112, 163‑291, or 163‑294.2,
or 163‑352, is certified to the State Board of Elections by a
political party executive committee to fill a nomination vacancy pursuant to
G.S. 163‑114, is certified to the State Board of Elections by a new
political party as that party's nominee pursuant to G.S. 163‑98,
qualifies with the State Board of Elections as an unaffiliated or write‑in
candidate pursuant to Article 11 of this Chapter, or formally initiates a
candidacy with the State Board of Elections pursuant to any statute or local
act, the State Board of Elections shall notify the candidate of the provisions
concerning campaign signs in G.S. 136‑32 and G.S. 14‑156,
and the rules adopted by the Department of Transportation pursuant to
G.S. 136‑18."
SECTION 2.5. G.S. 163‑82.10B reads as rewritten:
"§ 163‑82.10B. Confidentiality of date of birth.
Boards of elections shall keep confidential the date of birth of every voter‑registration applicant and registered voter, except in the following situations:
(1) When a voter has filed
notice of candidacy for elective office under G.S. 163‑106, 163‑122,
163‑123, or 163‑294.2, or 163‑352, has been
nominated as a candidate under G.S. 163‑98 or G.S. 163‑114,
or has otherwise formally become a candidate for elective office. The exception
of this subdivision does not extend to an individual who meets the definition
of "candidate" only by beginning a tentative candidacy by receiving
funds or making payments or giving consent to someone else to receive funds or
transfer something of value for the purpose of exploring a candidacy.
."
SECTION 2.6. G.S. 163‑106.2(a) reads as rewritten:
"(a) Candidates seeking party primary nominations for the following offices shall file their notice of candidacy with the State Board no earlier than 12:00 noon on the first Monday in December and no later than 12:00 noon on the third Friday in December preceding the primary:
Governor
Lieutenant Governor
All State executive officers
Justices of the Supreme Court
Judges of the Court of Appeals
Judges of the superior court
Judges of the district court
United States Senators
Members of the House of Representatives of the United States
District attorneysattorneys."
SECTION 2.7. G.S. 163‑106.3 reads as rewritten:
"§ 163‑106.3. Notice of candidacy for certain offices to indicate vacancy.
In any primary in which there are two
or more vacancies for associate justices for the Supreme Court, two or more
vacancies for the Court of Appeals, two or more vacancies for superior or
district court judge, or two vacancies for United States Senator from North
Carolina, each candidate shall, at the time of filing notice of candidacy, file
with the State Board of Elections a written statement designating the vacancy
to which the candidate seeks nomination. The designation shall not be the name
or names of any incumbent or other individual but shall be designated as
determined by the State Board of Elections. A person seeking election for a
specialized district judgeship established under G.S. 7A‑147 shall,
at the time of filing notice of candidacy, file with the State Board of
Elections a written statement designating the specialized judgeship to which
the person seeks nomination. Votes cast for a candidate shall be effective
only for nomination to the vacancy for which the candidate has given notice of
candidacy as provided in this section."
SECTION 2.8. G.S. 163‑106.5 reads as rewritten:
"§ 163‑106.5. Certificate of registration to vote in
county and party affiliation; cancellation of candidacy; residency requirements
for judges.candidacy.
(a) Candidates required to
file their notice of candidacy with the State Board of Elections under
G.S. 163‑106.2 shall file along with their notice a certificate
signed by the chairman of the board of elections or the director of elections
of the county in which they are registered to vote, stating that the person is
registered to vote in that county, if the candidacy is for superior court
judge and the county contains more than one superior court district, stating
the superior court district of which the person is a resident, stating the
party with which the person is affiliated, and that the person has not changed his
the person's affiliation from another party or from unaffiliated
within three months prior to the filing deadline under G.S. 163‑106.2.
In issuing such certificate, the chairman or director shall check the
registration records of the county to verify such information. During the
period commencing 36 hours immediately preceding the filing deadline the State
Board of Elections shall accept, on a conditional basis, the notice of
candidacy of a candidate who has failed to secure the verification ordered
herein subject to receipt of verification no later than three days following
the filing deadline. The State Board of Elections shall prescribe the form for
such certificate, and distribute it to each county board of elections no later
than the last Monday in December of each odd‑numbered year.
(b) When any candidate files a notice of candidacy with a board of elections under G.S. 163‑106.2 or under G.S. 163‑291(2), the board of elections shall, immediately upon receipt of the notice of candidacy, inspect the registration records of the county, and cancel the notice of candidacy of any person who does not meet the constitutional or statutory qualifications for the office, including residency.
The board shall give notice of
cancellation to any candidate whose notice of candidacy has been cancelled
under this section by mail or by having the notice served on him the
candidate by the sheriff, and to any other candidate filing for the same
office. A candidate who has been adversely affected by a cancellation or
another candidate for the same office affected by a substantiation under this
section may request a hearing on the cancellation. If the candidate requests a
hearing, the hearing shall be conducted in accordance with Article 11B of this
Chapter.
(c) No person may file a notice of candidacy for
superior court judge, unless that person is, at the time of filing the notice
of candidacy, a resident of the judicial district as it will exist at the time
the person would take office if elected. No person may be nominated as a
superior court judge under G.S. 163‑114, unless that person is, at
the time of nomination, a resident of the judicial district as it will exist at
the time the person would take office if elected. This subsection implements
Section 9(1) of Article IV of the North Carolina Constitution, which requires
regular superior court judges to reside in the district for which elected."
SECTION 2.9. G.S. 163‑107(a) reads as rewritten:
"(a) Fee Schedule. At the time of filing a notice of candidacy, each candidate shall pay to the board of elections with which the candidate files under the provisions of G.S. 163‑106, 163‑106.1, 163‑106.2, 163‑106.3, 163‑106.4, 163‑106.5, and 163‑106.6, a filing fee for the office sought in the amount specified in the following tabulation:
Office Sought Amount of Filing Fee
Governor One percent (1%) of the annual salary of the office sought
Lieutenant Governor One percent (1%) of the annual salary of the office sought
All State executive offices One percent (1%) of the annual salary of the office sought
All Justices, Judges, and District At‑ One percent (1%) of the
annual salary of the
torneys of the General Court of office sought
Justice
United States Senator One percent (1%) of the annual salary of the office sought
Members of the United States House One percent (1%) of the annual salary of
of Representatives the office sought
State Senator One percent (1%) of the annual salary of the office sought
Member of the State House One percent (1%) of the annual salary of
of Representatives the office sought
All county offices not compensated by One percent (1%) of the annual salary of
fees office sought
All county offices compensated partly One percent (1%) of the first annual
by salary and partly by fees salary to be received (exclusive of fees)
The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year."
SECTION 2.10. G.S. 163‑107.1 reads as rewritten:
"§ 163‑107.1. Petition in lieu of payment of filing fee.
(a) Any qualified voter who
seeks nomination in the party primary of the political party with which he the
qualified voter affiliates may, in lieu of payment of any filing fee
required for the office he seeks, sought, file a written petition
requesting him to be a candidate for a specified office with the
appropriate board of elections, State, county or municipal.
(b) If the candidate is
seeking the office of United States Senator, Governor, Lieutenant Governor, or
any State executive officer, Justice of the Supreme Court, or Judge of
the Court of Appeals, officer, the petition must be signed by 10,000
registered voters who are members of the political party in whose primary the
candidate desires to run, except that in the case of a political party as
defined by G.S. 163‑96(a)(2) which will be making nominations by
primary election, the petition must be signed by five percent (5%) of the
registered voters of the State who are affiliated with the same political party
in whose primary the candidate desires to run, or in the alternative, the
petition shall be signed by no less than 8,000 registered voters regardless of
the voter's political party affiliation, whichever requirement is greater. The
petition must be filed with the State Board of Elections not later than 12:00
noon on Monday preceding the filing deadline before the primary in which he
seeks to run. The names on the petition shall be verified by the board of
elections of the county where the signer is registered, and the petition must
be presented to the county board of elections at least 15 days before the
petition is due to be filed with the State Board of Elections. When a proper
petition has been filed, the candidate's name shall be printed on the primary
ballot.
(c) County, Municipal and
District Primaries. If the candidate is seeking one of the offices set forth
in G.S. 163‑106.2 but which is not listed in subsection (b) of this
section, or a municipal or any other office requiring a partisan primary which
is not set forth in G.S. 163‑106.2 or G.S. 163‑106.3, the
candidate shall file a written petition with the appropriate board of elections
no later than 12:00 noon on Monday preceding the filing deadline before the
primary. The petition shall be signed by five percent (5%) of the registered
voters of the election area in which the office will be voted for, who are
affiliated with the same political party in whose primary the candidate desires
to run, or in the alternative, the petition shall be signed by no less than 200
registered voters regardless of said voter's political party affiliation,
whichever requirement is greater. The board of elections shall verify the names
on the petition, and if the petition is found to be sufficient, the candidate's
name shall be printed on the appropriate primary ballot. Petitions for
candidates for member of the U.S. House of Representatives, District Attorney, judge
of the superior court, judge of the district court, and members of the
State House of Representatives from multi‑county districts or members of
the State Senate from multi‑county districts must be presented to the
county board of elections for verification at least 15 days before the petition
is due to be filed with the State Board of Elections, and such petition must be
filed with the State Board no later than 12:00 noon on Monday preceding the
filing deadline. The State Board of Elections may adopt rules to implement this
section and to provide standard petition forms.
."
SECTION 2.11. G.S. 163‑108(b) reads as rewritten:
"(b) No later than 10
days after the time for filing notices of candidacy under the provisions of
G.S. 163‑106.2 has expired, the chairman of the State Board of
Elections shall certify to the chairman of the county board of elections in
each county in the appropriate district the names of candidates for nomination
to the following offices office of district attorney who have
filed the required notice and pledge and paid the required filing fee to the
State Board of Elections, so that their names may be printed on the official
county ballots: Superior court judge, district court judge, and district
attorney.ballots."
SECTION 2.12. G.S. 163‑111(c)(1) reads as rewritten:
"(1) A candidate who is apparently entitled to demand a second primary, according to the unofficial results, for one of the offices listed below, and desiring to do so, shall file a request for a second primary in writing with the Executive Director of the State Board of Elections no later than 12:00 noon on the ninth day (including Saturdays and Sundays) following the date on which the primary was conducted, and such request shall be subject to the certification of the official results by the State Board of Elections. If the vote certification by the State Board of Elections determines that a candidate who was not originally thought to be eligible to call for a second primary is in fact eligible to call for a second primary, the Executive Director of the State Board of Elections shall immediately notify such candidate and permit the candidate to exercise any options available to the candidate within a 48‑hour period following the notification:
Governor,
Lieutenant Governor,
All State executive officers,
Justices, Judges, or District Attorneys of the General Court of Justice,
United States Senators,
Members of the United States House of Representatives,
State Senators in multi‑county senatorial districts, and
Members of the State House of Representatives in multi‑county representative districts."
SECTION 2.13. G.S. 163‑114 reads as rewritten:
"§ 163‑114. Filling vacancies among party nominees occurring after nomination and before election.
(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:
Position
President Vacancy is to be filled by
Vice President appointment of national
executive committee of
political party in which
vacancy occurs
Presidential elector or Vacancy is to be filled by ap‑
alternate elector pointment of State execu‑
Any elective State office tive committee of political
United States Senator party in which vacancy occurs
A district office, including: Appropriate district executive
Member of the United committee of political
States House of Repre‑ party in which vacancy occurs
sentatives
Judge of district court
District Attorney
State Senator in a multi‑
county senatorial district
Member of State House of
Representatives in a
multi‑county representative district
State Senator in a single‑ County executive committee
county senatorial district of political party in which
Member of State House of vacancy occurs, provided, in
Representatives in a the case of the State Senator
single‑county represen‑ or State Representative in a
tative district single‑county district where
Any elective county office not all the county is located
in that district, then in
voting, only those members of
the county executive committee
who reside within the district
shall
votevote.
Judge of superior court in a County executive committee of
single‑county
judicial political
party in which vacancy
district
where the district is occurs;
provided, in the case of a
the
whole county or part of the superior
court judge in a single‑
county county
district where not all
the
county is located in that
district,
then in voting, only
those
members of the county
executive
committee who
reside
within the district shall
vote
Judge of
superior court in a Appropriate
district executive
multicounty
judicial committee
of political party in
district which
vacancy occurs.
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.
(b) In a county which is partly in a multicounty
judicial district, in choosing that county's member or members of the judicial
district executive committee for the multicounty district, only the county
convention delegates or county executive committee members who reside within
the area of the county which is within that multicounty district may vote.
."
SECTION 2.14. G.S. 163‑122 is amended by adding a new subsection to read:
"(c1) This section does not apply to elections under Article 26 of this Chapter."
SECTION 2.15. G.S. 163‑123(h) reads as rewritten:
"(h) Municipal and
Nonpartisan Elections Excluded. This section does not apply to municipal
elections conducted under Subchapter IX of this Chapter.Chapter and
does not apply to nonpartisan elections, except for elections under Subchapter
XI of this Chapter."
SECTION 2.16. G.S. 163‑165.5(a)(3) reads as rewritten:
"(3) The names of the
candidates as they appear on their notice of candidacy filed pursuant to
G.S. 163‑106, 163‑106.1, 163‑106.2, 163‑106.3, 163‑106.4,
163‑106.5, and 163‑106.6, and 163‑352, or on
petition forms filed in accordance with G.S. 163‑122. No title,
appendage, or appellation indicating rank, status, or position shall be printed
on the official ballot in connection with the candidate's name. Candidates,
however, may use the title Mr., Mrs., Miss, or Ms. Nicknames shall be permitted
on an official ballot if used in the notice of candidacy or qualifying
petition, but the nickname shall appear according to standards adopted by the
State Board of Elections. Those standards shall allow the presentation of
legitimate nicknames in ways that do not mislead the voter or unduly advertise
the candidacy. In the case of candidates for presidential elector, the official
ballot shall not contain the names of the candidates for elector but instead
shall contain the nominees for President and Vice President which the
candidates for elector represent. The State Board of Elections shall establish
a review procedure that local boards of elections shall follow to ensure that
candidates' names appear on the official ballot in accordance with this
subdivision."
SECTION 2.17. This Part becomes effective with respect to primaries and elections held on or after January 1, 2024.
PART III. Enhance legislator to lobbyist REVOLVING DOOR restrictions
SECTION 3.1. G.S. 120C‑304 reads as rewritten:
"§ 120C‑304. Restrictions.
(a) No legislator or former legislator may register as a lobbyist under this Article:
(1) While in office.
(2) Before the later of
the close of session as set forth in G.S. 120C‑100(a)(7)b.1 in which
the legislator served or six months For a period of two years after
leaving office.
(b) No public servant or
former public servant as defined in G.S. 138A‑3(70)a. may register
as a lobbyist under this Chapter while in office or within six months for
a period of two years after leaving office.
(c) No public servant or
former public servant as defined in G.S. 138A‑3(70)c. may register
as a lobbyist under this Chapter within six months for a period of
two years after separation from employment as a public servant. No other
employee of any State agency may register as a lobbyist under this Chapter to
lobby the State agency that previously employed the former employee within
six months for a period of two years after voluntary separation or
separation for cause from that State agency.
."
SECTION 3.2. This Part becomes effective October 1, 2023.
PART III‑A. ELIMINATE WET INK REGISTRATION
SECTION 3A.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 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. ONLINE VOTER REGISTRATION
SECTION 4.1. G.S. 163‑82.3(a) reads as rewritten:
"(a) Form Developed by
State Board of Elections. The State Board of Elections shall develop an
application form for voter registration. registration that may be (i)
printed out in blank form or (ii) filled in online as set forth in G.S. 163‑82.5A.
Any person may use the form to apply to do any of the following:
(1) Register to vote.
(2) Change party affiliation or unaffiliated status.
(3) Report a change of address within a county.
(4) Report a change of name.
The county board of elections for
the county where the applicant resides shall accept the form as application for
any of those purposes if the form is submitted as set out in G.S. 163‑82.3.this
section."
SECTION 4.2. 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) This section may be cited as the "Online Voter Registration Act."
(b) Require Availability of Internet for Voter Registration. The State Board of Elections shall ensure that the following services are available to the public at any time on its official public website:
(1) Online application for voter registration, the content of which shall be equivalent to the form provided by designated voter registration agencies.
(2) Online assistance to those applying to register to vote.
(3) Online completion and submission by applicants of the voter registration application, including the signature of the applicant pursuant to subsection (d) of this section.
(4) Online receipt of completed voter registration applications.
(c) To the extent any State agency described in G.S. 163‑82.19 or G.S. 163‑82.20 has signatures of clients, those agencies shall cooperate in sharing those signatures with the State Board of Elections.
(d) An application submitted under this section shall be deemed submitted to the election authority on the date it is received.
(e) An applicant for voter registration under this section provides a signature by doing any of the following:
(1) In the case of an applicant who has a signature on file with a State government agency, authorizing the agency to transmit that signature to election officials.
(2) Submitting with the application an electronic copy of the applicant's handwritten signature through electronic means in a manner prescribed by the State Board of Elections.
(f) Upon submission of a completed voter registration application under this section, the State Board of Elections official website shall generate an immediate electronic confirmation on the website that the application has been received, with instructions as to how the applicant may check the status of the application thereafter.
(g) The State Board of Elections shall accept an online voter registration application submitted under this section and ensure that the individual is registered to vote in this State if each of the following is satisfied:
(1) The individual meets the same voter registration eligibility requirements applicable to individuals who register to vote by mail.
(2) The individual provides a signature in accordance with subsection (e) of this section.
(h) The State Board of Elections shall inform the applicant for voter registration of the disposition of the application by regular mail. Additionally, the State Board shall make available to the applicant the option to receive the disposition notification by email.
(i) No legal distinction shall be made between registration under this section and registration by written application in accordance with the provisions of this Article.
(j) The State Board of Elections shall ensure that any registered voter may at any time update the voter's registration information, including the voter's address, online through the State Board's official public website in accordance with maintenance of the computerized statewide voter registration list.
(k) Except as provided in G.S. 163‑82.6A, the State Board shall revise any information on the computerized list to reflect the update made by the voter at any time until the deadlines for registration under G.S. 163‑82.6(d) for a primary or general election.
(l) Upon receipt of updated registration information under this section, the State Board of Elections shall send a notice confirming receipt of the updated information by regular mail, and by email, if available."
SECTION 4.3. G.S. 163‑82.6(d) reads as rewritten:
"(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 online voter registration pursuant to G.S. 163‑82.5A, 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 4.4. 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, and drivers license numbers, whether held by the State Board or a county board of elections, or obtained through online voter registration under G.S. 163‑82.5A, 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 4.5. In establishing online voter registration in accordance with this Part, the State Board of Elections shall establish appropriate technological security measures to protect against unauthorized access to information. The State Board of Elections shall ensure that online voter registration under this Part is provided in a manner that is accessible to persons with disabilities so as to provide the same opportunity for access and participation as for other voters.
SECTION 4.6. There is appropriated from the General Fund to the State Board of Elections the sum of two hundred fifteen thousand dollars ($215,000) in recurring funds for each year of the 2023‑2025 fiscal biennium and the sum of ninety thousand dollars ($90,000) in nonrecurring funds for the 2023‑2024 fiscal year to implement online voter registration pursuant to this Part.
SECTION 4.7. Sections 4.1 through 4.5 of this Part become effective December 1, 2023. Section 4.6 of this Part becomes effective July 1, 2023.
PART V. Automatic VOTER REGISTRATION
SECTION 5.1. 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 5.2. 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 or G.S. 163‑82.20.
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 5.3. 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,
2024, 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 that 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 person shall not be eligible
to vote but shall not automatically be subject to criminal penalty. However,
any person who willfully and knowingly and with fraudulent intent gives
false information on the application 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 5.4. 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. A Agencies; Automatic Voter Registration
Information. Beginning January 1, 2025, 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 that 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.
(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. If a person who is ineligible to vote becomes registered to vote pursuant to this section, the person shall not be eligible to vote but shall not automatically be subject to criminal penalty. However, any person who willfully and knowingly and with fraudulent intent gives false information on the application described under this section is guilty of a Class I felony.
(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 5.5. 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 Prisons of the Department of Adult Correction, 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.vote,
including informing the person of automatic voter registration in accordance
with G.S. 163‑82.19 or G.S. 163‑82.20.
(2) Provide an opportunity to that person to register to vote.
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 5.6. Sections 5.1 through 5.3 and Section 5.5 of this Part become effective January 1, 2024. Section 5.4 of this Part becomes effective January 1, 2025. The remainder of this Part is effective when it becomes law.
PART VI. OPEN MEETINGS LAW REFORM/LIVE VIDEO AND AUDIO STREAMING IN LEGISLATIVE COMPLEX
SECTION 6.1. G.S. 143‑318.14A reads as rewritten:
"§ 143‑318.14A. Legislative commissions, committees, and standing subcommittees.
(b) Reasonable public notice
of all meetings of commissions, committees, and standing subcommittees of the
General Assembly shall be given. given to all members of the General
Assembly; to all members of the commissions, committees, and standing
subcommittees; and to the Legislative Services Office, which shall post the
notice on the General Assembly website. For purposes of this subsection, "reasonable
public notice" includes, but is not limited to:"adequate
public notice" means written or electronic notice that is posted and
emailed to those who have requested notice at least 48 hours before the time of
the meeting. The notice shall include the time, date, location, and, to the
extent known, the agenda of the meeting.
(1) Notice given openly at a session of the Senate
or of the House; or
(2) Notice mailed or sent by electronic mail to
those who have requested notice, and to the Legislative Services Office, which
shall post the notice on the General Assembly web site.
(b1) The chair of the commission, committee, or standing subcommittee shall make the agenda for a meeting noticed under subsection (b) of this section readily available for public inspection no less than 24 hours in advance of the time of the meeting. Except for items of an emergency nature, the agenda shall not be altered after the notice has been made available to the public. The commission, committee, or standing subcommittee may modify the agenda to include items of an emergency nature only during the meeting. As used in this subsection, items of an emergency nature are matters that involve unexpected circumstances that require immediate consideration by the commission, committee, or standing subcommittee.
(b2) No later than 24 hours in advance of the time of the meeting, the chair of the commission, committee, or standing subcommittee shall make available to the members of the same the text of all bills, proposed committee substitutes, and amendments that will be considered during the scheduled meeting. No commission, committee, or standing subcommittee shall consider or act on a bill, proposed committee substitute, or amendment that has not been made available to the members in accordance with this subsection.
(b3) G.S. 143‑318.12 shall not apply to meetings of commissions, committees, and standing subcommittees of the General Assembly.
."
SECTION 6.3. This Part is effective when it becomes law.
PART VII. ABSENTEE BALLOTS
SECTION 7.1.(a) G.S. 163‑229(b)(3) reads as rewritten:
"(3) A space for the
identification of the two persons person witnessing the casting
of the absentee ballot in accordance with G.S. 163‑231, those
persons' signatures, and those persons' addresses.that person's
signature, and that person's address."
SECTION 7.1.(b) G.S. 163‑231(a) reads as rewritten:
"(a) Procedure for Voting
Absentee Ballots. In the presence of two persons one person who
are is at least 18 years of age, and who are is not
disqualified by G.S. 163‑226.3(a)(4) or G.S. 163‑237(c),
the voter shall do all of the following:
(5) Require those two
persons the person in whose presence the voter marked that voter's
ballots to sign the application and certificate as witnesses a
witness and to indicate those persons' addresses. the person's
address. Failure to list a ZIP code does not invalidate the application and
certificate.
(6) Do one of the
following:Have the witness in whose presence the voter marked that voter's
ballots certify that the voter is the person submitting the marked ballots.
a. Have the application notarized. The notary
public may be the person in whose presence the voter marked that voter's
ballot.
b. Have the two persons in whose presence the
voter marked that voter's ballots to certify that the voter is the registered
voter submitting the marked ballots.
Alternatively to the prior
paragraph of this subsection, any requirement for two witnesses shall be
satisfied if witnessed by one notary public, who shall comply with all the
other requirements of that paragraph. The notary shall affix a valid notarial
seal to the envelope, and include the word "Notary Public" below his
or her signature.
The persons person in
whose presence the ballot is marked shall at all times respect the secrecy of
the ballot and the privacy of the absentee voter, unless the voter requests
assistance and that person is otherwise authorized by law to give assistance.
When thus executed, the sealed container‑return envelope, with the
ballots enclosed, shall be transmitted in accordance with the provisions of
subsection (b) of this section to the county board of elections which issued
the ballots."
SECTION 7.2. G.S. 163‑230.2(c) reads as rewritten:
"(c) Return of Request. The completed request form for absentee ballots shall be delivered either in person or by mail, email, or fax to the county board of elections only by any of the following:
(1) The voter.
(2) The voter's near relative or verifiable legal guardian.
(3) A member of a multipartisan team trained and authorized by the county board of elections pursuant to G.S. 163‑226.3."
SECTION 7.3. This Part is effective when it becomes law and applies to elections held on or after that date.
PART VIII. USE OF CERTAIN CAMPUSES/VOTING PLACES
SECTION 8.1. G.S. 163‑129(a) reads as rewritten:
"(a) At the voting place
in each precinct established under the provisions of G.S. 163‑128,
the county board of elections shall provide or procure by lease or otherwise a
suitable structure or part of a structure in which registration and voting may
be conducted. To this end, the county board of elections shall be entitled to
demand and use any school or other State, county, or municipal building, or a
part thereof, or any other building, or a part thereof, which is supported or
maintained, in whole or in part by or through tax revenues provided,
however, that revenues, including ensuring the use of voting places on
college campuses. The State Board of Elections shall also make reasonable
efforts to provide means for other college campuses to be used as voting places.
However, this section shall not be construed to permit any board of
elections to demand and use any tax exempt church property for such purposes
without the express consent of the individual church involved, for the purpose
of conducting registration and voting for any primary or election, and it may
require that the requisitioned premises, or a part thereof, be vacated for
these purposes."
PART IX. VOTER LIST MAINTENANce
SECTION 9.1. G.S. 163‑82.14 reads as rewritten:
"§ 163‑82.14. List maintenance.
(b) Death. The Department
of Health and Human Services shall furnish free of charge to the State Board of
Elections every month, in a format prescribed by the State Board of Elections,
the names of deceased persons who were residents of the State. The State Board
of Elections shall distribute every month to each county board of elections the
names on that list of deceased persons who were residents of that county. The
Department of Health and Human Services shall base each list upon information
supplied by death certifications it received during the preceding month. Upon
the receipt of those names, each county board of elections shall remove from
its voter registration records any person the list shows to be dead. dead
upon confirming that the complete date of birth of the deceased person and the
last four digits of the social security number are identical to the person to
be removed from the voter registration records. If the last four digits of the
social security number are not available from voter registration records, then the
county board of elections shall not remove the voter unless it has matched the
complete date of birth and other identification information from the deceased
records received from the Department of Health and Human Services or a near
relative. Each county board of elections shall also remove from its voter
registration records a person identified as deceased by a signed statement of a
near relative or personal representative of the estate of the deceased voter.
The county board need not send any notice to the address of the person so
removed.
(d) Change of Address. A county board of elections shall conduct a systematic program to remove from its list of registered voters those who have moved out of the county, and to update the registration records of persons who have moved within the county. The county board shall remove a person from its list if the registrant:
(1) Gives confirmation in
writing of a change of address for voting purposes out of the county. "Confirmation
in writing" for purposes of this subdivision shall include:include
any of the following:
a. A report to the county
board from the Department of Transportation or from a voter registration agency
listed in G.S. 163‑82.20 that the voter has reported a change of
address for voting purposes outside the county;county.
b. A notice of cancellation
received under G.S. 163‑82.9; orG.S. 163‑82.9.
c. A notice of cancellation received from an election jurisdiction outside the State.
(2) Fails to respond after
no less than 60 days to a confirmation mailing sent by the county board in
accordance with this subdivision and does not vote or appear to vote in an
election beginning on the date of the notice and ending on the day after the
date of the second general election for the United States House of
Representatives that occurs after the date of the notice. A county board sends
a confirmation notice in accordance with this subdivision if the notice:notice
complies with each of the following:
a. Is a postage prepaid and
preaddressed return card, sent by forwardable mail, on which the registrant may
state current address;address.
b. Contains or is
accompanied by a notice to the effect that if the registrant did not change
residence but remained in the county, the registrant should return the card not
later than the deadline for registration by mail in G.S. 163‑82.6(d)(1);
andG.S. 163‑82.6(d)(1).
c. Contains or is accompanied by information as to how the registrant may continue to be eligible to vote if the registrant has moved outside the county.
d. If a voter has provided the county board of elections with an email address, is an email that (i) provides the confirmation mailing has been sent, (ii) contains information on how the registrant may confirm the registrant's current address online, and (iii) contains information on how the voter may continue to be eligible to vote if the registrant has moved outside the county. If the voter has not provided an email address to the county board but has provided a phone number, the county board shall contact the voter by phone to provide this information.
A county board shall send a confirmation mailing in accordance with this subdivision to every registrant after every congressional election if the county board has not confirmed the registrant's address by another means.
(3) Any registrant who is removed from the list of registered voters pursuant to this subsection shall be reinstated if the voter appears to vote and gives oral or written affirmation that the voter has not moved out of the county but has maintained residence continuously within the county. That person shall be allowed to vote as provided in G.S. 163‑82.15(f).
(d1) Notwithstanding subsection (d) of this section, a county board of elections shall not remove a registrant from its list of registered voters solely based on the county board receiving a return mailing as "undeliverable" without taking steps to confirm the registrant's current address by other means.
."
PART X. TRUE SOURCE OF SPENDING
SECTION 10.1. G.S. 163‑278.12 is amended by adding a new subsection to read:
"(h) Except for political committees that do not receive more than six thousand four hundred dollars ($6,400), or the amount set by G.S. 163‑278.13, from any one person in an election, a filer, when reporting donations of one thousand dollars ($1,000) or more in the aggregate under this subsection, shall disclose the identity of the original source of the funds, the amounts of those donations, and any intermediaries who transferred the funds before they were contributed to the filer. For purposes of this subsection, "original source" means an individual who contributes wages, investment income, or bequests or a person that contributes money received through ordinary commercial transactions. Any person or entity making a donation of one thousand dollars ($1,000) or more, in the aggregate, in an election to a person or entity required to report donations under this subsection shall inform that person or entity of the identity of the original sources of funds being transferred, the amounts of the persons' original funds being transferred, and the identity of any persons who previously transferred the original funds."
SECTION 10.2. G.S. 163‑278.12C is amended by adding a new subsection to read:
"(e) Except for political committees that do not receive more than six thousand four hundred dollars ($6,400), or the amount set by G.S. 163‑287.13, from any one person in an election, a filer, when reporting donations of one thousand dollars ($1,000) or more in the aggregate under this subsection, shall disclose the identity of the original source of the funds, the amounts of those donations, and any intermediaries who transferred the funds before they were contributed to the filer. "Original source" has the same meaning as in G.S. 163‑278.12(h). Any person or entity making a donation of one thousand dollars ($1,000) or more, in the aggregate, in an election to a person or entity required to report donations under this subsection shall inform that person or entity of the identity of the original sources of funds being transferred, the amounts of the persons' original funds being transferred, and the identity of any persons who previously transferred the original funds."
SECTION 10.3. G.S. 163‑278.39(a) is amended by adding a new subdivision to read:
"(5) In an advertisement made by a sponsor other than a candidate, political party organization, an individual solely spending the individual's own personal funds received through wages, investment income, or bequests or a person solely spending money received through ordinary commercial transactions, the advertisement bears the legend or includes the statement: "[Names of top three donors] are the top donors who helped pay for this message." In a television advertisement or digital communication, this disclosure shall be made by visual legend. In advertisements made by a sponsor that reports original sources under G.S. 163‑278.12 or G.S. 163‑278.12C, the top three donors shall be the three original sources who have donated the highest aggregate amounts to the sponsor in the election cycle."
PART XI. TRANSPARENCY FOR DIGITAL CAMPAIGN ADS
SECTION 11.1. G.S. 163‑278.6 reads as rewritten:
"§ 163‑278.6. Definitions.
When used in this Article:
(28a) The term "digital communication" means any communication, for a fee, placed or promoted on a public‑facing website, web application, or digital application, including a social network, advertising network, or search engine.
(41) The term
"electioneering communication" means any broadcast, cable, or
satellite communication, or mass mailing, or telephone bank bank, or
digital communication that has all the following characteristics:
a. Refers to a clearly identified candidate for elected office.
b. In the case of the general election in November of the even‑numbered year is aired or transmitted within 60 days of the election for that office.
c. May be received by either:
1. 50,000 or more individuals in the State in an election for statewide office or 7,500 or more individuals in any other election if in the form of broadcast, cable, or satellite communication.
2. 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election if in the form of mass mailing or telephone bank.
."
SECTION 11.2. G.S. 163‑278.38Z(1) reads as rewritten:
"(1) "Advertisement"
means any message appearing in the print media, on television, or on radio television
or radio, or through digital communication that constitutes a contribution
or expenditure under this Article."
SECTION 11.3. G.S. 163‑278.39 reads as rewritten:
"§ 163‑278.39. Basic disclosure requirements for all political advertisements.
(a) Basic Requirements. It
shall be unlawful for any sponsor to sponsor an advertisement in the print media
or media, on radio or television television, or through
digital communication that constitutes an expenditure, independent
expenditure, electioneering communication, or contribution required to be
disclosed under this Article unless all the following conditions are met:
(1) It bears the legend or includes the statement: "Paid for by ____ [Name of candidate, candidate campaign committee, political party organization, political action committee, referendum committee, individual, or other sponsor]." In television or digital communication advertisements, this disclosure shall be made by visual legend.
If an advertisement described in this section is jointly sponsored, the disclosure statement shall name all the sponsors.
(b) Size Requirements. The following shall apply to the various forms of advertisement:
(1) In a print media advertisement covered by subsection (a) of this section, the height of all disclosure statements required by that subsection shall constitute at least five percent (5%) of the height of the printed space of the advertisement, provided that the type shall in no event be less than 12 points in size. In an advertisement in a newspaper or a newspaper insert, the total height of the disclosure statement need not constitute five percent of the printed space of the advertisement if the type of the disclosure statement is at least 28 points in size. If a single advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.
(2) In a television advertisement covered by subsection (a) of this section, the visual disclosure legend shall constitute four percent (4%) of vertical picture height in size, and where the television advertisement that appears is paid for by a candidate or candidate campaign committee, the visual disclosure legend shall appear simultaneously with an easily identifiable photograph of the candidate for at least two seconds.
(3) In a radio advertisement covered by subsection (a) of this section, the disclosure statement shall last at least two seconds, provided the statement is spoken so that its contents may be easily understood.
(4) In a digital communication advertisement covered by subsection (a) of this section, the disclosure statement shall appear (i) in letters at least as large as the smallest text in the digital communication or (ii) in a heading or similar section of text displayed above or within the digital communication that is visually distinct from the text of the digital communication and shall have a reasonable degree of color contrast between the background and the disclosure statement. If the digital communication is disseminated through a medium in which the provision of the disclosure statement is not possible, the digital communication shall, in a clear and conspicuous manner, include the following:
a. The name of the person who paid for the digital communication.
b. A means for the recipient of the digital communication to obtain the remainder of the information required by this section with minimal effort and without receiving or viewing any additional material other than the disclosure statement.
(c) Misrepresentation of
Authorization. Notwithstanding G.S. 163‑278.27(a), any candidate,
candidate campaign committee, political party organization, political action
committee, referendum committee, individual, or other sponsor making an
advertisement in the print media or media, on radio or television
television, or through digital communication bearing any legend
required by subsection (a) of this section that misrepresents the sponsorship
or authorization of the advertisement is guilty of a Class 1 misdemeanor."
SECTION 11.4. G.S. 163‑278.39C reads as rewritten:
"§ 163‑278.39C. Scope of disclosure requirements.
The disclosure requirements of this
Part apply to any sponsor of an advertisement in the print media or media,
on radio or television television, or through digital
communication the cost or value of which constitutes an expenditure or
contribution required to be disclosed under this Article, except that the
disclosure requirements of this Part:
(1) Do not apply to an individual who makes uncoordinated independent expenditures aggregating less than one thousand dollars ($1,000) in a political campaign; and
(2) Do not apply to an individual who incurs expenses with respect to a referendum.
The disclosure requirements of this Part do not apply to any advertisement the expenditure for which is required to be disclosed by G.S. 163‑278.12A alone and by no other law."
SECTION 11.5. Part 1A of Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑278.39D. State Board of Elections to maintain records of digital communications for political advertising.
Any person using digital communication, as defined under G.S. 163‑278.6(28a), that is covered by G.S. 163‑278.39(a) shall submit that digital communication to the State Board of Elections along with the disclosure information required under G.S. 163‑278.39. The State Board of Elections shall maintain the information submitted pursuant to this section on the State Board of Elections website and the information shall be deemed public records and available for inspection on the website. The State Board shall display the following information on its website as related to the digital communication:
(1) The name of the person.
(2) The city and state where the entity is located.
(3) The amount spent by the person for each candidate.
(4) A copy of the political advertisement.
(5) The dates or date range on which the political advertisement runs."
SECTION 11.6. This Part becomes effective September 1, 2023, and applies to elections conducted on or after that date.
PART XII. PROTECTION AGAINST FOREIGN INTERFERENCE
SECTION 12.1. G.S. 163‑278.39 is amended by adding a new subsection to read:
"(a1) Notwithstanding any provision of law to the contrary and in accordance with any federal law, a foreign national expending funds for political advertising that addresses a specific issue to influence State or local government policy, a State or local government officer, or an election shall include a statement in the advertisement that identifies the foreign national and a statement disclosing that the advertising is sponsored by the foreign national. The phrase "foreign national" shall have the same meaning as defined in 52 U.S.C. § 30121(b)."
PART XIII. LIMITATIONS/SUPER PACS INFLUENCE
SECTION 13.1. Part 1 of Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163‑278.12B. Limitations on super political action committees' influence.
(a) Notwithstanding any other provision of law to the contrary, any political committee that makes only independent expenditures shall notify the State Board of Elections, in writing, of any of the following:
(1) Any contribution in excess of one thousand dollars ($1,000) received by the committee before an election but after the period covered by the last report due before that election. This notification shall be made within 48 hours after the receipt of the contribution and shall include the name of the committee, the contributor, and the date of receipt and amount of the contribution.
(2) Any contribution or donation in excess of one thousand dollars ($1,000) made by the committee before an election but after the period covered by the last report due before that election. This notification shall be made within 48 hours after the contribution or donation is made and shall include the name of the committee and the recipient and the date and amount of the contribution or donation.
(b) Any person who receives, directly or indirectly, a contribution or donation subject to subsection (a) of this section and who transfers more than one thousand dollars ($1,000) of the funds to another person shall disclose to that person, in writing, at the time the transfer is made each of the following:
(1) The identification of the political committee who made the contribution or donation and the date and amount of the contribution or donation.
(2) The identification of any other person subject to this section, as either a prior transferor or transferee of the funds from the political committee, and the date and amount of the contribution or donation.
(c) For purposes of this section, a contribution or donation includes a pledge, promise, understanding, or agreement to make a future contribution or donation."
PART XIV. REESTABLISH north carolina public CAMPAIGN FUND
SECTION 14.1. G.S. 163‑278.69 is recodified as G.S. 163‑278.158.
SECTION 14.2. Chapter 163 of the General Statutes is amended by adding the following new Article to read:
"Article 22I.
"The North Carolina Public Campaign Fund.
"§ 163‑278.150. Purpose of the North Carolina Public Campaign Fund.
The purpose of this Article is to ensure the fairness of democratic elections in North Carolina and to protect the constitutional rights of voters and candidates from the detrimental effects of increasingly large amounts of money being raised and spent to influence the outcome of elections, those effects being especially problematic in elections of the judiciary, since impartiality is uniquely important to the integrity and credibility of the courts. Accordingly, this Article establishes the North Carolina Public Campaign Fund as an alternative source of campaign financing for candidates who demonstrate public support and voluntarily accept strict fundraising and spending limits. This Article is available to candidates for justice of the Supreme Court and judge of the Court of Appeals in elections to be held in 2024 and thereafter.
"§ 163‑278.151. Definitions.
The following definitions apply in this Article:
(1) Board. The State Board of Elections.
(2) Candidate. An individual who becomes a candidate as described in G.S. 163‑278.6(9). The term includes a political committee authorized by the candidate for that candidate's election.
(3) Certified candidate. A candidate running for office who chooses to receive campaign funds from the Fund and who is certified under G.S. 163‑278.153(c).
(4) Contested primary and contested general election. An election in which there are more candidates than the number to be elected. A distribution from the Fund pursuant to this Article is not a "contribution" and is not subject to the limitations of G.S. 163‑278.13 or the prohibitions of G.S. 163‑278.15 or G.S. 163‑278.19.
(5) Contribution. Defined in G.S. 163‑278.6. A distribution from the Fund pursuant to this Article is not a "contribution" and is not subject to the limitations of G.S. 163‑278.13 or the prohibitions of G.S. 163‑278.15 or G.S. 163‑278.19.
(6) Electioneering communication. As defined in G.S. 163‑278.6, except that it is made during the period beginning 30 days before absentee ballots become available for a primary and ending on primary election day and during the period 60 days before absentee ballots become available for a general election and ending on general election day.
(7) Expenditure. Defined in G.S. 163‑278.6.
(8) Fund. The North Carolina Public Campaign Fund established in G.S. 163‑278.152.
(9) Independent expenditure. Defined in G.S. 163‑278.6.
(10) Maximum qualifying contributions. An amount of qualifying contributions equal to 60 times the filing fee for candidacy for the office.
(11) Minimum qualifying contributions. An amount of qualifying contributions equal to 30 times the filing fee for candidacy for the office.
(12) Nonparticipating candidate. A candidate running for office who is not seeking to be certified under G.S. 163‑278.153(c).
(13) Office. A position on the North Carolina Court of Appeals or North Carolina Supreme Court.
(14) Participating candidate. A candidate for office who has filed a declaration of intent to participate under G.S. 163‑278.153.
(15) Political committee. Defined in G.S. 163‑278.6.
(16) Qualifying contribution. A contribution of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) in the form prescribed for noncash monetary contributions in G.S. 163‑278.14(b) to the candidate or the candidate's committee that meets both of the following conditions:
a. Made by an individual who is a registered voter in this State at the time of the submittal of the report specified in G.S. 163‑278.153(c).
b. Made during the qualifying period and obtained with the approval of the candidate or candidate's committee.
(17) Qualifying period. The period beginning September 1 in the year before the election and ending on the day of the primary of the election year.
(18) Referendum committee. Defined in G.S. 163‑278.6.
"§ 163‑278.152. North Carolina Public Campaign Fund established; sources of funding.
(a) Establishment of Fund. The North Carolina Public Campaign Fund is established to finance the election campaigns of certified candidates for office and to pay administrative and enforcement costs of the Board related to this Article. The Fund is a special, dedicated, nonlapsing, nonreverting fund. All expenses of administering this Article, including production and distribution of the Voter Guide required by G.S. 163‑278.158 and personnel and other costs incurred by the Board, including public education about the Fund, shall be paid from the Fund and not from the General Fund. Any interest generated by the Fund is credited to the Fund. The Board shall administer the Fund.
(b) Sources of Funding. Money received from all of the following sources shall be deposited in the Fund:
(1) Designations made to the Public Campaign Fund by individual taxpayers pursuant to G.S. 105‑159.3.
(2) Public Campaign Fund revenues distributed for an election that remain unspent or uncommitted at the time the recipient is no longer a certified candidate in the election.
(3) Money ordered returned to the Public Campaign Fund in accordance with G.S. 163‑278.157.
(4) Voluntary donations made directly to the Public Campaign Fund. Corporations, other business entities, labor unions, and professional associations may make donations to the Fund.
(5) Money collected from the sixty dollar ($60.00) surcharge on attorney membership fees in G.S. 84‑34.
(c) Determination of Fund Amount. By October 1, 2024, and every two years thereafter, the State Board shall prepare and provide to the Joint Legislative Elections Oversight Committee a report documenting, evaluating, and making recommendations relating to the administration, implementation, and enforcement of this Article. In its report, the Board shall set out the funds received to date and the expected needs of the Fund for the next election.
"§ 163‑278.153. Requirements for participation; certification of candidates.
(a) Declaration of Intent to Participate. Any individual choosing to receive campaign funds from the Fund shall first file with the Board a declaration of intent to participate under this Article as a candidate for a stated office. The declaration of intent shall be filed before or during the qualifying period and before collecting any qualifying contributions. In the declaration, the candidate shall swear or affirm that only one political committee, identified with its treasurer, shall handle all contributions, expenditures, and obligations for the participating candidate and that the candidate will comply with the contribution and expenditure limits set forth in subsection (d) of this section and all other requirements set forth in this Article or adopted by the Board. Failure to comply is a violation of this Article.
(b) Demonstration of Support of Candidacy. Participating candidates who seek certification to receive campaign funds from the Fund shall first, during the qualifying period, if seeking office on the Supreme Court, obtain qualifying contributions from at least 425 registered voters in an aggregate sum that at least equals the amount of minimum qualifying contributions described in G.S. 163‑278.151(11) but that does not exceed the amount of maximum qualifying contributions described in G.S. 163‑278.151(10). If a participating candidate is seeking certification for an office on the Court of Appeals, the candidate shall obtain qualifying contributions from at least 400 registered voters in an aggregate sum that at least equals the amount of minimum qualifying contributions described in G.S. 163‑278.151(11) but that does not exceed the amount of maximum qualifying contributions described in G.S. 163‑278.151(10).
No payment, gift, anything of value, or the opportunity to win anything of value shall be given in exchange for a qualifying contribution.
(c) Certification of Candidates. Upon receipt of a submittal of the record of demonstrated support by a participating candidate, the Board shall determine whether or not the candidate has complied with all of the following requirements:
(1) Signed and filed a declaration of intent to participate in this Article.
(2) Submitted a report itemizing the appropriate number of qualifying contributions received from registered voters, which the Board shall verify through a random sample or other means it adopts. The report shall include the county of residence of each registered voter listed.
(3) Filed a valid notice of candidacy pursuant to Article 26 of this Chapter.
(4) Otherwise met the requirements for participation in this Article.
The Board shall certify candidates complying with the requirements of this section as soon as possible and no later than five business days after receipt of a satisfactory record of demonstrated support.
(d) Restrictions on Contributions and Expenditures for Participating and Certified Candidates. The following restrictions shall apply to contributions and expenditures with respect to participating and certified candidates:
(1) Beginning January 1 of the year before the election and before the filing of a declaration of intent, a candidate for office may accept in contributions up to twenty‑five thousand dollars ($25,000) from sources and in amounts permitted by Article 22A of this Chapter and may expend up to twenty‑five thousand dollars ($25,000) for any campaign purpose. A candidate who exceeds either of these limits shall be ineligible to file a declaration of intent or receive funds from the Public Campaign Fund.
(2) From the filing of a declaration of intent through the end of the qualifying period, a candidate may accept only qualifying contributions, contributions under ten dollars ($10.00) from North Carolina voters, and personal and family contributions permitted under subdivision (4) of this subsection. The total contributions the candidate may accept during this period shall not exceed the maximum qualifying contributions for that candidate. In addition to these contributions, the candidate may only expend during this period the remaining money raised pursuant to subdivision (1) of this subsection. Except for personal and family contributions permitted under subdivision (4) of this subsection, multiple contributions from the same contributor to the same candidate shall not exceed five hundred dollars ($500.00).
(3) After the qualifying period and through the date of the general election, the candidate shall expend only the funds the candidate receives from the Fund pursuant to G.S. 163‑278.155(b)(4) plus any funds remaining from the qualifying period.
(4) During the qualifying period, the candidate may contribute up to one thousand dollars ($1,000) of that candidate's own money to the campaign and may accept in contributions one thousand dollars ($1,000) from each member of that candidate's family consisting of spouse, parent, child, brother, and sister. Up to five hundred dollars ($500.00) of a contribution from the candidate's family member may be treated as a qualifying contribution if it meets the requirements of G.S. 163‑278.151(16)a. and b.
(5) A candidate and the candidate's committee shall limit the use of all revenues permitted by this subsection to expenditures for campaign‑related purposes only. The Board shall publish guidelines outlining permissible campaign‑related expenditures. In establishing those guidelines, the Board shall differentiate expenditures that reasonably further a candidate's campaign from expenditures for personal use that would be incurred in the absence of the candidacy. In establishing the guidelines, the Board shall review relevant provisions of the Federal Election Campaign Act, and rules adopted pursuant to it, and similar provisions in other states.
(6) Any contribution received by a participating or certified candidate that falls outside that permitted by this subsection shall be returned to the donor as soon as practicable. Contributions intentionally made, solicited, or accepted in violation of this Article are subject to civil penalties as specified in G.S. 163‑278.157. The funds involved shall be forfeited to the Civil Penalty and Forfeiture Fund.
(7) A candidate shall return to the Fund any amount distributed for an election that is unspent and uncommitted at the date of the election, or at the time the individual ceases to be a certified candidate, whichever occurs first. For accounting purposes, all qualifying, personal, and family contributions shall be considered spent before revenue from the Fund is spent or committed.
(e) Revocation. A candidate may revoke, in writing to the Board, a decision to participate in the Public Campaign Fund at any time before the deadline set by the Board for the candidate's submission of information for the Voter Guide described in G.S. 163‑278.158. After a timely revocation, that candidate may accept and expend outside the limits of this Article without violating this Article. Within 10 days after revocation, a candidate shall return to the State Board all money received from the Fund.
"§ 163‑278.154. Special participation provisions for candidates in vacancy elections.
(a) Participation Provisions Modified. Candidates involved in elections described in G.S. 163‑358 may participate in the Fund subject to the provisions of G.S. 163‑278.153 as modified by this section. The Board shall adapt other provisions of this Article to those elections.
(b) Qualifying. The Board shall designate a special qualifying period of no less than four weeks for these candidates, beginning at the close of the notice‑of‑candidacy filing period. To receive certification, a participating candidate shall raise at least 225 qualifying contributions, totaling at least 20 times the amount of the filing fee for the office, for a four‑week qualifying period. If the Board sets a longer qualifying period, then for each additional week that the qualifying period extends beyond four weeks, the minimum number of qualifying contributions required for certification shall increase by 25 and the minimum amount of the qualifying contributions shall increase by two times the filing fee. The minimum qualifying contributions shall not exceed the limit set by G.S. 163‑278.153(b).
(c) Allocations. Certified candidates shall receive one percent (1%) of the funding to which they would be eligible under G.S. 163‑278.155 times the number of calendar days between the end of the special qualifying period and the day of the general election. That amount shall not exceed one hundred percent (100%) of the funding to which they would be eligible under G.S. 163‑278.155.
"§ 163‑278.155. Distribution from the Fund.
(a) Timing of Fund Distribution. The Board shall distribute to a certified candidate revenue from the Fund in an amount determined under subdivision (b)(4) of this section within five business days after the certified candidate's name is approved to appear on the ballot in a contested general election but no earlier than five business days after the primary.
(b) Amount of Fund Distribution. By August 1, 2024, and no less frequently than every two years thereafter, the Board shall determine the amount of funds, rounded to the nearest one hundred dollars ($100.00), to be distributed to certified candidates as follows:
(1) Uncontested primaries. No funds shall be distributed.
(2) Contested primaries. No funds shall be distributed.
(3) Uncontested general elections. No funds shall be distributed.
(4) Contested general elections. Funds shall be distributed to a certified candidate for a position on the Court of Appeals in an amount equal to 225 times the candidate's filing fee as set forth in G.S. 163‑353. Funds shall be distributed to a certified candidate for a position on the Supreme Court in an amount equal to 350 times the candidate's filing fee as set forth in G.S. 163‑353.
(c) Method of Fund Distribution. The Board, in consultation with the State Treasurer and the State Controller, shall develop a rapid, reliable method of conveying funds to certified candidates. In all cases, the Board shall distribute funds to certified candidates in a manner that is expeditious, ensures accountability, and safeguards the integrity of the Fund. If the money in the Fund is insufficient to fully fund all certified candidates, then the available money shall be distributed proportionally, according to each candidate's eligible funding, and the candidate may raise additional money in the same manner as a noncertified candidate for the same office up to the unfunded amount of the candidate's eligible funding.
(d) Beginning October 1, 2028, and every five years thereafter, the Board shall appoint a three‑member committee to conduct an independent review regarding any need for modification of funds distributed to certified candidates pursuant to this section. The committee shall consist of one member from the North Carolina Bar Association, one member who is a public financing expert, as determined by the Board, and one member who is a former Justice of the North Carolina Supreme Court or Judge of the North Carolina Court of Appeals who has used the Fund. In conducting the independent review, the committee shall, at a minimum, consider the need for modification of funds as a result of changes in election costs and inflationary adjustments.
"§ 163‑278.156. Reporting requirements.
(a) Reporting by Participating and Certified Candidates. Notwithstanding other provisions of law, participating and certified candidates shall report any money received, including all previously unreported qualifying contributions, all campaign expenditures, obligations, and related activities to the Board according to procedures developed by the Board. A certified candidate who ceases to be certified or ceases to be a candidate or who loses an election shall file a final report with the Board and return any unspent revenues received from the Fund. In developing these procedures, the Board shall utilize existing campaign reporting procedures whenever practical.
(b) Timely Access to Reports. The Board shall ensure prompt public access to the reports received in accordance with this Article. The Board may utilize electronic means of reporting and storing information.
"§ 163‑278.157. Civil penalty.
In addition to any other penalties that may be applicable, any individual, political committee, or other entity that violates any provision of this Article is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation or three times the amount of any financial transactions involved in the violation, whichever is greater. In addition to any fine, for good cause shown, a candidate found in violation of this Article may be required to return to the Fund all amounts distributed to the candidate from the Fund. If the Board makes a determination that a violation of this Article has occurred, the Board shall calculate and assess the amount of the civil penalty and shall notify the entity that is assessed the civil penalty of the amount that has been assessed. The Board shall then proceed in the manner prescribed in G.S. 163‑278.34. In determining whether or not a candidate is in violation of this Article, the Board may consider as a mitigating factor any circumstances out of the candidate's control."
SECTION 14.3. G.S. 84‑34 reads as rewritten:
"§ 84‑34. Membership fees and list of members.
Every active member of the North
Carolina State Bar shall, prior to the first day of July of each year, pay to
the secretary‑treasurer an annual membership fee in an amount determined
by the Council but not to exceed three hundred dollars ($300.00), and every plus
a surcharge of sixty dollars ($60.00) for the implementation of Article 22I of
Chapter 163 of the General Statutes. A member shall be provided the option to
designate that the surcharge required by this section be used in its entirety
for the Judicial Voter Guide described in G.S. 163‑278.158. Each member
shall notify the secretary‑treasurer of the member's correct mailing
address. Any member who fails to pay the required dues by the last day of June
of each year shall be subject to a late fee in an amount determined by the
Council but not to exceed thirty dollars ($30.00). All dues for prior years
shall be as were set forth in the General Statutes then in effect. The
membership fee shall be regarded as a service charge for the maintenance of the
several services authorized by this Article, and shall be in addition to all
fees required in connection with admissions to practice, and in addition to all
license taxes required by law. The fee shall not be prorated: Provided, that no
fee shall be required of an attorney licensed after this Article shall have
gone into effect until the first day of January of the calendar year following
that in which the attorney was licensed; but this proviso shall not apply to
attorneys from other states admitted on certificate. The fees shall be
disbursed by the secretary‑treasurer on the order of the Council. The
sixty dollar ($60.00) surcharge shall be sent on a monthly schedule to the
State Board of Elections. The secretary‑treasurer shall annually, at
a time and in a law magazine or daily newspaper to be prescribed by the
Council, publish an account of the financial transactions of the Council in a
form to be prescribed by it. The secretary‑treasurer shall compile and
keep currently correct from the names and mailing addresses forwarded to the
secretary‑treasurer and from any other available sources of information a
list of members of the North Carolina State Bar and furnish to the clerk of the
superior court in each county, not later than the first day of October in each
year, a list showing the name and address of each attorney for that county who
has not complied with the provisions of this Article. The name of each of the
active members who are in arrears in the payment of membership fees shall be
furnished to the presiding judge at the next term of the superior court after
the first day of October of each year, by the clerk of the superior court of
each county wherein the member or members reside, and the court shall thereupon
take action that is necessary and proper. The names and addresses of attorneys
so certified shall be kept available to the public. The Secretary of Revenue is
hereby directed to supply the secretary‑treasurer, from records of
license tax payments, with any information for which the secretary‑treasurer
may call in order to enable the secretary‑treasurer to comply with this
requirement.
The list submitted to several clerks of the superior court shall also be submitted to the Council at its October meeting of each year and it shall take the action thereon that is necessary and proper."
SECTION 14.4. Part 2 of Article 4 of Chapter 105 of the General Statutes is amended by adding a new section to read:
"§ 105‑159.3. Designation of tax to North Carolina Public Campaign Fund.
(a) Allocation to the North Carolina Public Campaign Fund. To ensure the financial viability of the North Carolina Public Campaign Fund established in Article 22I of Chapter 163 of the General Statutes, the Department must allocate to that Fund three dollars ($3.00) from the income taxes paid each year by each individual with an income tax liability of at least that amount, if the individual agrees. A taxpayer must be given the opportunity to indicate an agreement to that allocation in the manner described in subsection (b) of this section. In the case of a married couple filing a joint return, each individual must have the option of agreeing to the allocation. The amounts allocated under this subsection to the Fund must be credited to it on a quarterly basis.
(b) Returns. Individual income tax returns must give an individual an opportunity to agree to the allocation of three dollars ($3.00) of the individual's tax liability to the North Carolina Public Campaign Fund. The Department must make it clear to the taxpayer that the dollars will support a nonpartisan court system, that the dollars will go to the Fund if the taxpayer marks an agreement, and that allocation of the dollars neither increases nor decreases the individual's tax liability. The following statement satisfies the intent of this requirement: "Three dollars ($3.00) will go to the North Carolina Public Campaign Fund to support a nonpartisan court system, if you agree. Your tax remains the same whether or not you agree." The Department must consult with the State Board of Elections to ensure that the information given to taxpayers complies with the intent of this section.
The Department must inform the entities it approves to reproduce the return of the requirements of this section and that a return may not reflect an agreement or objection unless the individual completing the return decided to agree or object after being presented with the information required by subsection (c) of this section. No software package used in preparing North Carolina income tax returns may default to an agreement or objection. A paid preparer of tax returns may not mark an agreement or objection for a taxpayer without the taxpayer's consent.
(c) Instructions. The instructions for individual income tax returns must include the following explanatory statement: "The North Carolina Public Campaign Fund provides campaign money to nonpartisan candidates for the North Carolina Supreme Court and Court of Appeals who voluntarily accept strict campaign spending and fundraising limits. The Fund also helps finance educational materials about voter registration, the role of the appellate courts, and the candidates seeking election as appellate judges in North Carolina. Three dollars ($3.00) from the taxes you pay will go to the Fund if you mark an agreement. Regardless of what choice you make, your tax will not increase, nor will any refund you are entitled to be reduced.""
SECTION 14.5. G.S. 163‑278.5 reads as rewritten:
"§ 163‑278.5. Scope of Article; severability.
This section applies to Articles and
22I and 22M of the General Statutes to the same extent that it
applies to this Article."
SECTION 14.6. G.S. 163‑278.23 reads as rewritten:
"§ 163‑278.23. Duties of Executive Director of State Board.
This section applies to Articles and
22I and 22M of the General Statutes this Chapter to
the same extent that it applies to this Article."
SECTION 14.7. G.S. 163‑278.99E reads as rewritten:
"§ 163‑278.99E. Voter education.
Relationship to the Judicial Voter
Guide. The State Board may publish the Voter Guide in conjunction with the
Judicial Voter Guide described in G.S. 163‑278.69.G.S. 163‑278.158."
SECTION 14.8. Section 38.1(a) of S.L. 2013‑381 reads as rewritten:
"SECTION 38.1.(a)
Article 22D of Chapter 163 of the General Statutes is repealed, except that
G.S. 163‑278.69 is repealed effective upon exhaustion of the funds
for publication of the Judicial Voter Guide.repealed."
SECTION 14.9. Sections 21.1(i), 21.1(j), and 21.1(l) of S.L. 2013‑360 and Sections 38.1(l), 38.1(m), and 38.1(o) of S.L. 2013‑381 are repealed.
PART XV. CERTAIN INDIVIDUALS' VOTING RIGHTS RESTORED
SECTION 15.1. G.S. 13‑1 reads as rewritten:
"§ 13‑1. Restoration of citizenship.
Any person convicted of a crime, whereby the rights of citizenship are forfeited, shall have such rights automatically restored upon the occurrence of any one of the following conditions:
(1) The unconditional discharge
of an inmate, of a probationer, or of a parolee by the agency of the State
having jurisdiction of that person or of a defendant under a suspended sentence
by the court.release from active punishment to a period of post‑release
supervision or parole of a person whose sentence was not suspended by the
court.
(1a) Upon the suspension of an active sentence resulting in the imposition of an intermediate or community punishment.
."
SECTION 15.2. G.S. 13‑2(a) reads as rewritten:
"(a) The agency,
department, or court having jurisdiction over the inmate, probationer,
parolee or defendant person at the time his the person's rights
of citizenship are restored under the provisions of G.S. 13‑1(1) or
(1a) shall immediately issue a certificate or order in duplicate evidencing the
offender's unconditional person's discharge and specifying the
restoration of his the person's rights of citizenship.
The original of such certificate or order shall be promptly transmitted to the clerk of the General Court of Justice in the county where the official record of the case from which the conviction arose is filed. The clerk shall then file the certificate or order without charge with the official record of the case."
SECTION 15.3. G.S. 163‑82.14(c) reads as rewritten:
"(c) Conviction of a Felony.
(1) Report of Conviction
Within the State. The State Board of Elections, on or before the fifteenth
day of every month, shall report to the county board of elections of that
county the name, county of residence, and residence address if available, of
each individual against whom a final judgment of conviction of a felony has
been entered in that county in the preceding calendar month.month and
whose rights have been forfeited and not yet restored under G.S. 13‑1.
(2) Report of Federal
Conviction. The Executive Director of the State Board of Elections, upon
receipt of a notice of conviction sent by a United States Attorney pursuant to
section 8(g) of the National Voter Registration Act, shall notify the
appropriate county boards of elections of the conviction.any
conviction for which citizen rights have been forfeited and not yet restored under
G.S. 13‑1.
(3) County Board's Duty Upon
Receiving Report of Conviction. When a county board of elections receives a
notice pursuant to subdivision (1) or (2) of this subsection relating to a
resident of that county and that person is registered to vote in that county,
the board shall, after giving 30 days' written notice to the voter at his
registration address, and if the voter makes no objection, remove the person's
name from its registration records. If the voter notifies the county board of
elections of his objection to the removal within 30 days of the notice, the
chairman of the board of elections shall enter a challenge under G.S. 163‑85(c)(5),
and the notice the county board received pursuant to this subsection shall be
prima facie evidence for the preliminary hearing that the registrant was
convicted of a felony.felony and the registrant's citizenship rights
have not been restored."
PART XVI. PENALTIES FOR VIOLATIONS OF THIS ACT
SECTION 16.1. It is unlawful to try to evade the reporting and disclosure requirements of Parts X through XIII of this act by structuring, or attempting to structure, any solicitation, contribution, donation, expenditure, disbursement, or other transaction. The penalty for any violation of these Parts of the act shall be not less than the amount contributed or undisclosed or greater than double that amount contributed or undisclosed.
part xvII. severability
SECTION 17.1. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
PART xVIII. EFFECTIVE DATE
SECTION 18.1. Except as otherwise provided, this act is effective when it becomes law.