Bill Summaries: S 747 ELECTIONS LAW CHANGES.

Printer-friendly: Click to view
Tracking:
  • Summary date: Oct 12 2023 - View Summary

    AN ACT TO MAKE VARIOUS CHANGES REGARDING ELECTIONS LAW. SL 2023-140. Enacted October 10, 2023. Sections 1-36 and 38-43 are effective January 1, 2024. The remainder is effective October 10, 2023, except as otherwise provided.


  • Summary date: Aug 24 2023 - View Summary

    The Governor vetoed the act on August 24, 2023. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2023/7138/0/S747-BILL-NBC-11326.


  • Summary date: Aug 16 2023 - View Summary

    House amendments make the following changes to the 4th edition.

    Amendment #7 makes the following changes. Amends GS 163-33 by providing that county boards of elections are not prohibited from accepting the following in-kind donations: (1) use of a voting site, if that voting site is used for the purpose of conducting elections; (2) food or beverages for precinct officials or other workers at the voting place or county board of elections office; and (3) ink pens and personal protection equipment to be used in an election.

    Amendment #18 makes the following changes. Amends proposed GS 163-45.1(f) by no longer requiring the development and use of a form for challenges to the list of observers. Amends subsection (k) by deleting the provision related to the process for appealing denial of the ability to serve as an observer. Instead, requires the State Board of Elections (State Board) to develop a uniform process for all county boards of elections and the State Board to implement for: (1) the filing and hearing of challenges of the appointment of an observer, (2) the hearing of appeals on challenges of the appointment of an observer, and (3) the hearing of appeals on the removal of an observer from the voting place.

    Amends proposed GS 9-6.2 to require that the clerk of superior court communicate information regarding requests to be excused from jury duty on the basis that the person is not a US citizen to the State Board on a schedule determined by the State Board (was, at least on a semiannual basis).

    Makes additional technical changes.


  • Summary date: Aug 15 2023 - View Summary

    House committee substitute to the 3rd edition makes the following changes.

    Amends proposed GS 163-22(t) by prohibiting, instead of specifying that GS Chapter 163 does not give authority to, the State Board of Elections (State Board) from accepting private monetary donations or in-kind contributions for conducting elections or temporarily employing individuals. Makes similar changes to proposed GS 163-33(18), applicable to county boards of elections, and to GS 163-37(b), applicable to county boards of commissions.

    As described below, makes changes throughout GS Chapter 163 by making provisions that were applicable to one-stop voting applicable to early voting instead.

    Amends GS 163-27.2 by providing that appointment as a precinct official or assistant or employment at an early voting location (was, at a one-stop location) does not require a criminal history record check unless the individual performs specified functions.

    Instead of amending GS 163-45(a), repeals GS 163-45, which concerns voting place observers and their appointment, in its entirety. Instead, enacts new GS 163-45.1, as follows. Provides for the following appointment of observers: (1) allows the chair of each political party in the county to designate two voters registered in the county to serve as observers at each voting place in that county in which the political party has a candidate appearing on the ballot, (2) allows the chair of each political party in the county to designate up to 10 voters registered in the county to serve at any voting place in the county in which the political party has a candidate appearing on the ballot, (3) allows the chair of each political party in the State to designate up to 100 registered voters of the State to serve at any voting place in the State in which the political party has a candidate appearing on the ballot, and (4) allows an unaffiliated candidate (or their campaign manager) to designate two observers to serve at each voting place in which that unaffiliated candidate appears on the ballot. Requires a list of the appointed individuals to be submitted to either the director of county board of elections or to the Executive Director of the State Board, depending on where the observer will serve, by noon on the business day before each observer is scheduled to serve. Requires the list to be given to the chief judge for each voting place, sets out requirements for verifying observer identities, and allows the State Board to require observers to wear badges that make people aware of their role. Prohibits more than three observers from the same political party from being in the voting enclosure at any time. Allows observers appointed to serve at a particular voting place to be relieved during the day after serving no less than four hours while observers appointed to serve countywide or statewide may be relieved anytime throughout the day. Prohibits observers from appearing on the ballot as a candidate or serve as an election official in the primary or election in which they are serving as an observer and specifies that observers must not take an oath of office. Allows the county board of elections or a chief judge of a voting place to only challenge the appointment of an observer for good cause; sets out requirements for a form to make a challenge. Sets out six actions that an elections official may not prohibit an observer from doing, including: taking notes in the voting place (including using an electronic device for note taking); listening to conversations between a voter and election official happening in the voting place, so long as the conversation is related to election administration; and witnessing any opening and closing procedures at the voting place. Sets out five actions observers are prohibited from taking inside the voting place, including look at, photographing, videotaping, or otherwise recording the image of any voter's marked ballot, inhibiting or interfering with any election official in the performance of his or her duties (which includes interfering with the transport of sealed ballot boxes, election equipment, or election results to the county board of elections), and engaging in electioneering. Allows an observer to take photos inside the voting place before voting starts and after voting has concluded so long as it does not impair opening and closing procedures or compromise the security of ballots, election equipment, or election results; requires the State Board to adopt related rules. Allows a chief judge to remove an observer for engaging in prohibited behavior or for good cause and sets out the procedure for removal. Allows an observer who has been denied the ability to serve to appeal the denial and sets out requirements for such an appeal. Allows an observer to obtain copies of the list of persons who have voted at each voting place during the times that the voting place is open for voting; sets out provisions related to providing such lists. Makes conforming changes to GS 163-166.7.

    Enacts new GS 163-45.2 allowing the chair of a county political party to send a runner to obtain copies of the list of persons who have voted at each voting place during the times the voting place is open for voting. Requires a list of the runners. Specifies that the runner can only enter the voting enclosure to announce the runner's presence and obtain a copy of the list, leaving immediately after obtaining the list. Sets out requirements for how often the lists must be provided.

    Amends GS 18B-601, concerning observers appointed by proponents and opponents in an alcoholic beverage control election, by changing the deadline for submitting the names of the observers from three days before the election to noon on the business day before the observer is schedule to serve, and changing the recipient of the list from the chief judge of each precinct to the county board of elections; requires the county board to then provide a copy to the chief judge for that respective voting place. Requires persons appointed as observers to be registered voters of the county (was, precinct) in which appointed to serve. Allows the chief judge and judges for the voting place to challenge the appointment of an observer under GS 163-45.1.

    Amends proposed language in GS 163-47 by now requiring that the county board of elections ensure that the positions of chief judge and judges of elections are filled at each voting place for the duration of the duties of the positions on each date of voting in person at the voting place (was, filled for the duration of their duties on the day of each primary and general and special election).

    Amends GS 163-82.6A concerning address and name changes to make the provisions applicable at early voting sites instead of one-stop voting sites.

    Amends proposed new GS 163-82.6B as follows. Allows an individual qualified to register to vote to register in person and then vote at an early voting site (was, at a one-stop voting site) in their county of residence during the early (was, one-stop) voting period. Requires the individual to complete the voter registration application, provide proof of residence, and present photo id. Requires the individual to vote a retrievable ballot immediately after submitting the voter registration application form (was, vote by provisional ballot unless the address on the person’s photo id is the same as one listed on a copy of a HAVA document or if their photo id lacked an address and the individual provides a document from the institution issuing the photo id showing the individual’s name and address and a copy of a HAVA document showing the individual’s name and address). Requires the vote to be counted unless the county board determines that the applicant is not qualified to vote. Sets out requirements and process related to verifying the voter’s information and updating the statewide registration database. Amends the items that are considered HAVA documents by requiring the document from the institution issuing the photo id be current; makes technical changes.

    Amends GS 163-166.12, requirements for certain voters who register by mail, by exempting from the statute an individual who registers by mail and submits a copy of a HAVA document (was, a copy of one of the specified documents that shows the voter’s name and address).

    Amends GS 163-82.8A(d)(2) by making conforming changes related to recodification and change in one-stop voting to early voting.

    Amends GS 163-82.7 by amending the provisions the county board of elections must follow when an election occurs before the voter verification process has had time to be completed, to provide that if the postal service has returned as undeliverable a notice sent to an applicant within 25 days before the election, then specifies that the person may vote only in person in accordance with Article 14A (voting) of GS Chapter 163 in that first election and may not vote by absentee ballot. Clarifies that the county board of elections must establish a procedure at the voting site for both obtaining the person’s’ correct address and for assuring the person votes in the proper place and in the proper contests.

    Amends GS 163-87 by amending when challenges are allowed to also include during the hours for early voting (in addition to on the day of a primary or election), and specifies that the voter must be voting in person. Also allows a chief judge, judge, or assistant appointed under GS 163-166.35 (sites and hours for early voting), to enter challenges. Makes conforming changes. Amends GS 163-88, concerning requirements for hearings on challenges, to include those made during early voting. Makes other clarifying changes and makes language gender neutral.

    Amends the changes to GS 163-89 to allow an absentee ballot received by the county board of elections under GS 163-231(b)(1) to be challenged no later than 5:00 p.m. on the fifth business day after the primary or general election or county bond election (previous edition was, may be challenged beginning no earlier than noon and ending no later than 7:30 p.m. on the day of the primary or election and allowed for challenge by the chief judge at the time of the closing of the polls). Also amends the timing of a challenge of ballots received under GS 163-231(b)(2) by no longer limiting it to no earlier than noon on the day following the election.

    Amends GS 163-111 to require that when a second primary is required, the appropriate board of elections, State or county, must order that it be held 10 weeks after the first primary (was, limited to when any of the offices for which a second primary is required are for a candidate for the office of US Senate or member of the US House of Representatives and otherwise, the second primary was to be held seven weeks after the first primary).

    Amends GS 163-119 to require that unaffiliated voters be allowed to vote in a primary of the voter’s choosing, subject to GS 163-59 (Right to participate or vote in party primary), GS 163-111 (Determination of primary results; second primaries), and GS 163-166.7 (Voting procedures), no longer requiring permission from a political party.

    Amends GS 163-132.5G by amending the requirements of county boards of elections when reporting returns, to: (1) require that the report on the number of voters who selected more choices than available for that item be by precinct for each item on the ballot and (2) add the requirement that ballots cast during early voting be reported separately from mail-in absentee ballots. Makes additional technical and clarifying changes.

    Amends GS 163-165 by adding and defining the term early voting as casting a ballot in person prior to election day at the county board office or another location designated by the county board of elections for the purpose of casting ballots.

    Amends GS 163-166.3 by amending who may enter the voting enclosure during the time allowed for voting, to also include a student election assistant acting in accordance with Article 5 (precinct election officials). Makes additional conforming changes.

    Amends GS 163-166.4 by making conforming changes.

    Deletes proposed changes to GS 163-166.8(b) and instead enacts new (d), which requires precinct officials to keep a log of any individual, other than a minor under the age of 18 in the voter’s care, who enters the voting place and is not seeking to vote in that voting place. Requires the log to include individual’s name and address, the time the individual entered the voting place, and a space for that individual's signature.

    Amends GS 163-166.11 by making technical and conforming changes.

    Amends GS 163-166.12 by adding the requirement that the county board of elections create a list that denotes the voter, their method of voting, and the type of id they submitted; makes this list public record.

    Changes the title of Part 3 of Article 14A of GS Chapter 163 to Procedures at the Voting Place Generally.

    Adds a new Part 4, Election Day Voting, in Article 14A, consisting of GS 163-116.01, which is now recodified as GS 163-166.25. Makes conforming changes. Amends this statute as follows. Removes the provision that would have required poll closing time to be extended on election day in all precincts by an equal amount of time when the statutory poll closing time on election day is extended by court order in one or more counties. Requires poll closing time to be extended on election day in all precincts by an equal amount of time when the statutory poll closing time is extended by the State Board or a federal or State Court order in one or more precincts for a reason other than a declared natural disaster or equipment failure at the voting site (previous edition was, if the statutory poll closing time on election day is extended by court order in one or more counties). Makes additional clarifying and technical changes.

    Adds a new Part 5, Early Voting, in Article 14A, consisting of GS 163-227.6, which has been recodified as GS 163-166.35; GS 163-227.2, which has been recodified as GS 163-166.40; GS 163-227.5, which has been recodified as GS 163-166.45; and GS 163-228(a1), which has been recodified as GS 163-166.50. Amends these statutes as follows.

    Amends GS 163-166.35 as follows. Makes the statute’s provisions applicable to site and hours for early voting instead of one-stop voting. Allows a county board of elections by unanimous vote to provide for one or more sites in that county for ballots (was, for absentee ballots) to be applied for and cast. Excludes individuals appointed to early voting sites from the requirement that early voting staff must be a member or full-time employee of the county board of elections or an employee of the county board of elections whom the board has given training equivalent to that given a full-time employee. Requires sites to be approved as part of a Plan for Implementation, with requirements previously set out under the statute still applicable. No longer requires the Plan for Implementation to provide for the presence of political party observers at each site. Requires that for each early voting site other than the county board of elections office, precinct officials must be appointed by the county board of elections for each primary or election. Requires the chair of each political party in the county to recommend individuals who are otherwise qualified to serve as precinct officials at early voting sites; if the recommendations are received by the county board of elections no later than the fifth business day preceding the date on which appointments are to be made, the county board of elections must make appointments from the list of recommendations. Requires that in making the appointments, precinct officials must be appointed according to all of the following: (1) a chief judge and judges must be appointed to each early voting site for each day of early voting in the same manner as allocated to each precinct in the county as provided in GS 163-41 (Precinct chief judges and judges of election; appointment; terms of office; qualifications; vacancies; oaths of office) where possible; however, a chief judge must be appointed to each early voting site for each day of early voting; (2) assistants must be appointed to each early voting site in the same manner as allocated to each precinct in the county as provided in GS 163-42 (Assistants at polls; appointment; term of office; qualifications; oath of office) where possible; (3) The provisions of GS 163-41.1 (Certain relatives prohibited from serving together), GS 163-41.2 (Discharge of precinct official unlawful), and GS 163-42.1 (Student election assistants) apply to early voting sites; and (4) multiple chief judges, judges, and assistants may be appointed to serve at each early voting site so that chief judges, judges, and assistants may serve for partial shifts throughout each day of early voting or serve for less than the full number of days of early voting. Provides that a county board of elections by unanimous vote may propose a Plan for Implementation providing for sites in that county for ballots cast during early voting (was for absentee ballots) to be applied for and cast in elections for all entities (was, in elections) conducted in odd-numbered years. Makes additional conforming, clarifying, and technical changes.

    Amends GS 163-166.40 as follows. Makes the statute’s provisions applicable to early voting instead of one-stop voting. Allows a voter who is eligible to vote to vote a ballot under Part 5 (early voting) (was, any voter eligible to vote by absentee ballot may request an application for absentee ballots, complete the application, and vote under provisions related to one-stop voting). Requires that no earlier than the third Tuesday before an election in which a voter seeks to vote and no later than 3:00 p.m. on the last Saturday before that election, the voter may appear in person only at the office of the county board of elections (except as provided above in GS 163-166.35). Requires a county board of elections to conduct early voting on the last Saturday before the election from 8:00 a.m. until 3:00 p.m. Amends the process for voting to specify that the voter must state his or her name to an authorized member or employee of the board or election official and makes other clarifying and conforming changes. Allows a voter found to be registered to vote a ballot instead of allowing the voter found to be registered to request an application for absentee ballots, and complete and deliver that application to the authorized person. Makes conforming deletions of provisions related to the application for an absentee ballot.

    Amends GS 163-166.45 as follows. Allows a county using a voting system with retrievable ballots to, by resolution, elect to conduct early voting (was, one-stop absentee) voting. Makes the procedures for voting under the statute applicable to early voting instead of one-stop voting. Specifies that the ballot number or equivalent identifier is not a public record.

    Amends GS 163-166.50 as follows. Requires the State Board, with respect to each ballot voted under Part 5 (early voting) (was, with respect to each early one-stop absentee ballot voted), to approve an official register in which the county board of elections must record the previously specified information. Removes references to absentee ballot applications. Makes the official register a public record. Allows the official register to be kept by electronic data processing equipment. Requires the State Board to require county boards of elections to transmit information in the official register to the State Board. Requires the State Board to adopt rules to implement this statute.

    Makes technical and conforming changes to GS 163-182.1. Also removes language related to entering a challenge.

    Amends GS 163-182.2, concerning the initial counting of official ballots, as follows. Requires that the initial count of ballots cast both on election day and under Part 5 (early voting) to be counted according to the specified principles. Requires that if ballots cast under Part 5 are counted electronically, the count must commence at the time the polls close; if those ballots are paper ballots counted manually, then the count must commence at the same time as mail-in absentee ballots. Requires the State Board to approve in an open meeting the procedure for random selection (was, randomly selecting sample precincts) for each election. Makes conforming and technical changes.

    Amends GS 163-182.6 to require the county board of elections to have a separate count on the abstract of the ballot items for ballots cast under Part 5 (early voting). Makes technical changes.

    Amends GS 163-182.7A, additional provisions for hand-to-eye recounts, by making conforming and technical changes.

    Amends proposed GS 163-182.15(b) by making the State Board’s annual report on revisions made to any voter’s voter history records due by October 1.

    Amends GS 163-226.3 by making conforming and technical changes.

    Deletes the proposed changes to GS 163-227.6 that would have allocated the precinct officials, as specified, at each one-stop voting site other than the county board of elections office.

    Further amends GS 163-227.10 by making a technical change.

    Amends GS 163-228 by removing the provision related to the confidentiality of the official register for each early one-stop absentee ballot. Makes additional conforming and technical changes.

    Further amends GS 163-229 by making a clarifying change.

    Further amends GS 163-230.1 by deleting from the proposed conditions under which deficiencies in a container-return envelope are considered curable deficiencies: (1) the container-return envelope is not witnessed and (2) any other requirement (other than the three already listed) in executing the container-return envelope under State or federal law. Species that the identification of the two persons witnessing the casting of the absentee ballot is not a curable deficiency. No longer requires at meetings during which the county board of elections passes upon applications for absentee ballots that the board allow the public to observe the actual applications for absentee ballots. Makes additional conforming, clarifying, and technical changes.

    Further amends GS 163-230.2 by making clarifying and technical changes.

    Amends GS 163-231, concerning voting absentee ballots and transmitting them to the county board of elections, by providing that for the purposes of the statute, “delivered in person” includes physically handing the voted absentee ballot to an election official at an early voting site during any time that early voting site is open for voting, but does not include depositing the voted absentee ballot in a drop box or other location designated for the return of voted absentee ballots. Requires that the voted absentee ballots delivered to the early voting site be kept securely and delivered by election officials at that early voting site to the county board of elections office for processing. Makes additional conforming and technical changes. Deletes additional proposed changes to GS 163-231 that would have required county boards of elections to use verification software to check the signatures of voters noted on executed absentee ballots before those ballots are accepted by the county boards.

    Deletes proposed GS 163-231.1, which would have required a two-factor authentication process for executed absentee ballots transmitted by mail to a county board of elections that must be used before an executed absentee ballot is opened and counted by elections officials. 

    Amends GS 163-232 by making technical changes.

    Amends proposed GS 163-232.2, concerning information that must be reported on absentee ballots, by requiring reporting during each day of the early voting period (was one-stop voting period). Makes conforming changes.

    Further amends GS 163-234 by adding that absentee ballots not received pursuant to all requirements of GS 163-231 (Voting absentee ballots and transmitting them to the county board of elections) must not be deemed valid and must not be counted. Requires a person who is acting as an official witness to the counting of absentee ballots for a political party that does that have a member of the county board of elections present to include his or her printed name and signature on the absentee ballot abstract, along with the name of who designated him or her to attend (was sign on the absentee ballot abstract as an observer). Makes additional conforming changes by removing provisions related to one-stop absentee ballots and makes technical changes.

    Amends GS 163-237 by making conforming changes.

    Amends GS 163-258.29 to provide that a covered voter (as defined) under Article 21A, Uniform Military and Overseas Voters Act, is allowed to vote during early voting (was, vote an absentee ballot under provisions related to one-stop voting) if the voter has not already voted an absentee ballot that has been returned to the board of elections and if the voter will not be in the country on the day of the primary or election. Makes conforming changes.

    Further amends GS 163-274(b) to make it a Class 1 misdemeanor for any person other than the State Board or a county board of elections, or their employees, to affix any identifier for the purpose of tracking the form on any absentee ballot request form (was, affix or print a barcode on any absentee ballot request form). Makes additional clarifying changes.

    Deletes the proposed change to GS 163-275, concerning specified felonies, that required violations to be investigated by the State Bureau of Investigation.

    Amends GS 163-278 by adding that the State Board and county board of elections must cooperate with the State Bureau of Investigation at all times in investigations of violations of Article 22 (Corrupt Practices and Other Offenses Against the Elective Franchise) and must provide any information requested by the State Bureau of Investigation. Requires the State Board to give the district attorney a copy of any investigations of violations of Article 22. Makes additional organizational and technical changes.

    Amends GS 143B-919 as follows. Removes proposed language that would have required that the State Bureau of Investigation be involved in any investigation involving the commission or attempted commission of a crime under GS Chapter 163. Requires the State Bureau of Investigation to investigate all cases arising from fraud in connection with elections in North Carolina (was, only when requested to do so by the State Board).

    Amends GS 163-278.69, concerning the Judicial Voter Guide, by amending distribution timing to base it on early voting period dates instead of one-stop voting and making additional conforming changes.

    Amends GS 163-302 to allow mail-in absentee voting and early voting (was, absentee voting only) in any municipal election, including a primary or general election or referendum, upon resolution of the municipal governing body. Makes conforming changes and specifies throughout the statute that absentee voting is mail-in.

    Amends GS 163-32(b) concerning the placement of political signs in a highway right-of-way, by referring to early voting instead of one-stop early voting and making additional conforming changes.

    Amends GS 143-166.42 to provide that payment to retired officers employed by a local government in service to a county board of elections during the hours of early voting does not result in a cessation or suspension of their retirement benefits.

    Above provisions are effective January 1, 2024, applicable to elections held on or after that date.

    Further amends GS 9-3 by making a clarifying change.

    Amends proposed GS 9-6.2, concerning reports of excusals from jury duty based on disqualification, as follows. Requires the clerk of superior court, at least semiannually, to communicate information regarding requests to be excused from jury duty on the basis that the person is not a US citizen (was, if a person is disqualified from jury duty because the person is not a US citizen) to the State Board. Previously, this communication was not a public record. Now specifies that the list is a public record, subject to GS 163-82.10(a1) (concerning personal identifying information). Makes additional clarifying changes.

    Further amends new GS 163-82.14(c1) concerning the process for removing noncitizens from the voter rolls by amending the documents that a voter may use as evidence to rebut the presumption in the preliminary hearing that the person is not a US citizen to include any federal documentation of citizenship or evidence that the voter did not request to be excused from jury duty on the basis of citizenship (was, birth certificate, citizenship naturalization, or other federal documentation of citizenship). Makes additional clarifying and technical changes to the statute.

    Deletes the provision setting out the requirements for any notice given to a voter before an election regarding the photo id requirement and replaces it with the following. Requires the State Board of Elections and county boards of elections to conduct a robust public education effort regarding the photo id requirement to vote. Requires websites of the State Board of Elections and each county board of elections to include a prominent notice or icon linking to a notice regarding the photo id requirement to vote. Sets out the content of notice. Expires December 31, 2024.

    Changes the due date of the Department of Information Technology’s study on the feasibility of replacing the statewide voter registration system to March 1, 2024 (was, December 1, 2023).

    Amends the ways in which the State Board must educate the public on the changes to the deadlines for returning completed applications and marked mail-in absentee ballots by including the information in any mailing to North Carolina residential addresses of registered voters, including any mailing sent regarding the implementation of photo ID to vote, in 2023 and 2024 (was, required mailing information regarding the deadline to North Carolina residential addresses of registered voters, in the same manner as the Judicial Voter Guide, prior to the municipal election in 2023, prior to the primary in 2024, and prior to the general election in 2024).

    Makes organizational changes to the act. Makes additional technical and clarifying changes.


  • Summary date: Jun 21 2023 - View Summary

    Senate amendments to the 2nd edition make the following changes.

    Amendment #1

    Sections 2 and 3.

    Amends GS 163-22 (State Board of Elections [Board]), GS 163-33 (county boards of elections), and GS 163-37 (county boards of commissioners) to prevent each entity from accepting in-kind contributions, along with monetary donations, for conducting elections or employing individuals on a temporary basis.

    Makes the changes to GS 163-231, as already amended by the act, that required the State Board to require county boards of elections to use verification software to check the signatures of voters noted on executed absentee ballots before those ballots are accepted by the county boards effective September 1, 2024, instead of July 1, 2024.

    Adds a severability clause.

    Amendment #2

    Sections 2 and 3.

    Amends GS 163-33(18) and GS 163-37(b) to clarify the subsection does not prohibit the in-kind donation or use of a voting site to the Board if that voting site is used for the purpose of conducting elections.

    Section 16.

    Amends GS 163-210 (pertaining to presidential election results and casting of the State’s votes for President and Vice-President). Changes the day that presidential/vice-presidential electors must be present in the old Hall of the House of Representatives in the State Capitol in the City of Raleigh to vote on behalf of the State for President and Vice-President from noon on the first Monday after the second Wednesday in December next after their election back to noon of the first Tuesday after the second Wednesday in December next after their election.

    Section 20.

    Expands the list of curable deficiencies relating to container-return absentee ballot envelopes to include the container-return envelope not being witnessed as required by GS 163-231(a) and any other requirement in executing the container-return envelope under State or federal law. Makes organizational changes.

    Section 21.

    Amends GS 163-231 (pertaining to voting by absentee ballot and return of ballot to county board of elections) by specifying that failure to include a printed witness name does not invalidate the application and certificate if the identity of an individual can solely be identified by the witness’s signature.

    Section 30.

    Amends GS 9-6.2 (reports of excusals from jury duty based on disqualification) by now requiring the clerk of the superior court to communicate information of persons excused from jury duty based on lack of US citizenship semi-annually instead of quarterly.

    Amends GS 163-82.14(c1)(2)(b) (list maintenance of eligible voters) to now specify that a notice of removal of a voter from the registration based on a report submitted under GS 9-6.2 creates a rebuttable presumption that the person is not a US citizen (was, prima facie case). Changes the naturalization evidence that can rebut the presumption from a naturalization certificate issued after the person is excused from jury service to simply providing a naturalization certificate without restriction as to when it was issued. 

    Section 31

    Requires the Board to educate the public on the changes to the deadline for returning completed applications and marked mail-in absentee ballots to the county boards of elections contained in this legislation by mailing information regarding the deadline to North Carolina residential addresses of registered voters, in the same manner as the Judicial Voter Guide, before the municipal election in 2023, the primary in 2024, and the general election in 2024.

    Section 33.

    Requires the Board to select ten counties in the State to run a pilot program during the primary held in 2024 for signature verification on executed mail-in absentee ballots. Requires the Board to seek diversity of population size, regional location, and demographic composition in selecting the ten counties. Directs that the pilot program will consist of county boards of elections using signature verification software to check the signatures of voters noted on all executed mail-in absentee ballots received by the county boards of elections in the 2024 primary. Requires the Board to select the signature verification software and ensure that the software is available for all ten counties to use in the 2024 primary and to assist the selected county boards of elections in implementing the signature verification software, including assisting the selected county boards of elections in any training needed on how the software is to be used for signature matching on executed mail-in absentee ballots.

    Requires the Board to closely monitor the pilot program. Requires the county boards of election to submit a report to the Board on its findings on the use of signature verification software during the 2024 primary, including: (1) whether the signature matching software was used for all returned mail-in absentee ballots, and what the voter signature on the executed mail-in absentee ballot was matched against; (2) how many executed mail-in absentee ballots were counted by the county board of elections in the 2024 primary; (3) how many executed mail-in absentee ballots were flagged by the signature matching software, and any information known on how close of a match the signatures must be for the signature match software to not flag the voter's signature; and (4) information on how the signature matching software worked to flag an executed mail-in absentee ballot with a signature that did not match the signature on file for the voter, including any known information on the rate of error in the software.

    Directs that in implementing the pilot program, no executed mail-in absentee ballot can be rejected by the county board of elections for failing any signature verification. Specifies that all executed mail-in absentee ballots otherwise eligible to be counted in line with State law must be counted.

    Directs the Board to report its findings, along with any recommendations, to the General Assembly and specified NCGA committee by May 1, 2024. Specifies that the report must contain the following: (1) a compilation of the information received by the county boards set forth above, (2) the estimated cost to implement signature verification statewide, (3) any suggested changes in law to fully implement signature verification and how a voter can cure a deficiency related to signature verification, and (4) any other information relevant to signature verification of mail-in absentee ballots.

    Makes organizational changes to account for new sections.  

    Amendment #3

    Section 20.

    Amends GS 163-230.1 to provide that cure documentation to cure a deficiency in a container-return envelope may be transmitted to the county board of elections via e-email if the deficiency is that the voter failed to include with the container-return envelope a required photocopy of identification or an affidavit. Adds the requirement that the notification of the voter regarding curable deficiencies must be done by mail, and by telephone or email if the phone number or e-mail address was provided on the application on the container-return envelope.

    Amends GS 163-230.3 to requires that the request form for absentee ballots include the voter’s telephone number and email address, but prohibits denying a request because of failure to include this information and requires that the request state that this information is optional if the voter wants to be contacted regarding any deficiencies in the returned executed absentee ballots.


  • Summary date: Jun 15 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes.

    No longer divides the act into Parts and makes organizational changes throughout by consolidating and moving sections of the act. Changes references from “State Board of Elections” to “State Board” throughout.

    Amends proposed changes to GS 163-22 and GS 163-33 to more specifically require that the State board and county boards of elections ensure that voted ballots, election results tapes, and executed ballot applications (was, elections records) be retained and preserved for the greater of 22 months after the election or as otherwise specified in federal law.

    Further amends GS 163-47 by adding the requirement that county boards of elections ensure that the position of chief judge and judges of election be filled at the voting place for the duration of their duties on each primary and general and special election day.

    Amends GS 163-82.6B as follows. Changes the statute’s caption. Requires that an individual who registers and votes at a one-stop voting site vote by provisional ballot unless (1) the address on the individual’s photo id matches the address on a copy of a HAVA document or (2) the individuals’ photo ID lacks an address and the individual provides a document from the institution that issued the photo ID showing the individual’s name and address and a copy of the HAVA document showing the same name and address (was, the person must vote by provisional ballot and the ballot is counted upon verification of the individual’s address or upon the person providing a copy of one of the listed documents showing the person’s name and address at the county board of elections before the close of polls on election day). Sets out the following circumstances under which the provisional ballot must be counted: (1) before the close of business on the day of the canvass conducted by the county board of elections, the individual returns to the county board of elections and presents a required photo identification and a copy of a HAVA document or (2) before the close of business on the business day before the canvass conducted by the county board of elections, the individual returns to the county board of elections and presents a copy of any two different HAVA documents and the name and address on both documents are the same. Defines a HAVA document as including any of the following that show the voter’s name and address: current utility bill, current bank statement, current government check, current paycheck, another government document showing the voter’s name and address, or a document from the institution issuing the photo id showing the individual’s name and address.

    Amends GS 163-88.1 by making clarifying changes.

    Amends GS 163-89 to allow an absentee ballot received by the county board of elections by 7:30 pm on the day of a statewide primary or general election or county bond election to be challenged beginning no earlier than noon and ending no later than 7:30 pm on the day of the primary or election. Also allows an absentee ballot to be challenged by the chief judge at the time of closing of the polls.

    Amends GS 163-166.01 to specify that if the statutory poll closing time on election day is extended by court order in one or more counties (was, in one county), then the closing time is extended in all counties by an equal amount of time.

    Amends GS 163-166.8 to require precinct officials to maintain a log of any individual who is not a near relative of the voter who goes into the voter booth to assist a voter in marking that voter’s ballot (was, a log of any person rendering assistance to a voter). Makes conforming changes.

    Amends GS 163-182.15 by amending the required annual report from the State Board to require the inclusion of any revisions made to any voter’s voter history records other than routine updates following each election (was, revisions made to elections records after certification of elections).

    Amends GS 163-227.6 by allowing precinct officials at each one-stop voting site other than the county board of elections office as follows: (1) allocates chief judges and judges in the same manner as allocated to each precinct in the county under GS 163-41, (2) allocates assistants in the same manner as allocated to each precinct in the county under GS 163-42, and (3) specifies that the provisions of GS 163-41.1 (prohibiting certain relatives from serving together) apply. Applies to elections held on or after January 1, 2024.

    Amends GS 163-227.10 by returning the date by which electors must meet and vote on behalf of the State for President and Vice-President to the first Monday (was, Tuesday in the previous edition) after the second Wednesday in December next after their election. Requires each county board of elections and the State Board, at least once per primary or election (previously, no frequency was specified), to publish on its website or in any mailing to voters the date by which absentee ballots are available. Makes clarifying changes.

    Further amends GS 163-229 by adding the requirement that the instruction sheets on how voters are to prepare absentee ballots and return them also include the means by which the voter’s marked absentee ballot must be returned to the county board of elections and the date and time that the ballot must be received.

    Amends GS 163-230.1 to require that county boards of elections and the State Board publish on its website or in any mailing to voters, at least once per primary or election (previously no frequency specified), the means by which the voter’s marked absentee ballot must be returned and when it must be received by, in addition to the already required date by which a completed form requesting an absentee ballot must be received. Also considers timely an absentee ballot container-return envelope with a curable deficiency transmitted to the county board if cure documentation is received no later than the end of business on the business day before the canvass by the county board of elections (was, considered timely if cure documentation is receive according to the requirements of GS 163-231(b)). Amends the requirements for the meeting at which the county board of elections passes upon applications for absentee ballots to require that the county board do so in a way that allows the public to observe the actual applications for absentee ballots (was, the ballots must be subject to public inspection).

    Amends GS 163-231 to also allow for the acceptance of late absentee ballots when a court order has extended the closing time of the polls for every poll in the county. Makes additional clarifying, conforming, and technical changes.

    Makes new GS 163-231(d) concerning county use of verification software to check signatures of voters on excused absentee ballots applicable to elections held on or after July 1, 2024, instead of when the act becomes law.

    Makes new GS 163-231.1, requiring the use of a two-factor authentication process for executed absentee ballots returned by mail to a county board of elections, applicable to elections held on or after July 1, 2024, instead of when the act becomes law.

    Amends GS 163-232.1 to require the county board of elections to prepare a list of all military overseas ballots returned to the county to be counted, which have been approved by the county board of elections, have not been included on the certified list, and have been received no later than 7:30 p.m. or the time provided in GS 163-231(b), on the day of the statewide primary or general election or county bond election (was, received by the county board of elections no later than three days after the election by 5:00 p.m.). Makes conforming changes.

    Amends proposed new GS 163-232.2 as follows. Amends the information that county boards of elections must report to the State Board during each day of the one-stop early voting period to include: (1) number of mail-in absentee ballots (was, number of absentee ballots) spoiled because the voter voted in person at a one-stop voting site after requesting the mail-in absentee ballot and (2) number of outstanding mail-in absentee ballots (was, outstanding absentee ballots), specifying that this includes the total number of mail-in absentee ballots sent to date and the total number of mail-in absentee ballots received to date. Instead of requiring specified information on mail-in absentee ballots to be reported from the day after the day of the election through the day after the receipt deadline for absentee ballots, now requires the county board of election to report the information to the State Board on the day after the day of the election; amends the required information to specify that it pertains to mail-in ballots and specifies what is to be included in the number of outstanding mail-in absentee ballot calculation. Adds the requirement that these reports be completed in a manner specified by the State Board. Makes the statute applicable to elections held on or after January 1, 2024, instead of when the act becomes law.

    Amends GS 163-234 as follows. Requires that only absentee ballots returned to the county board of elections in a properly executed container-return envelope and received according to GS 163-231(b) be counted. Requires absentee ballots received before election day to be counted on election day. Excludes from the absentee ballots that are to be counted on election day those that were received on election day and those received under GS 163-231(b)(2). Requires the county board of elections to meet after election day and before the date of canvass to determine whether the container-return envelopes for absentee ballots received on election day under GS 163-231(b) have been properly executed. Makes conforming changes.

    Amends GS 163-274 to also make it a Class 1 misdemeanor for any person other than the State Board or county board of elections, on their employees, to affix or print a barcode on any absentee ballot required form. Makes a conforming deletion of Section 5.2, which added this same misdemeanor to GS 163-237. Makes additional clarifying changes. Amends GS 163-22 to require that the State Board report violations of the elections law to the State Bureau of Investigation (was, to the Attorney General or district attorney or prosecutor of the district). Amends GS 143B-919 to require the SBI to be included in any investigation involving the commission or attempted commission of a crime under GS Chapter 163 (was, SBI must investigate and prepare evidence for the commission or attempted commission of crimes under GS 163-275, which makes certain crimes related to elections felonies). Makes these changes, along with changes to GS 163-275, effective December 1, 2023.

    Amends GS 163-275 by amending the Class I felony for voting by a person convicted of a crime that excludes the person from the right of suffrage, so that it applies to voting in any primary or election knowing the right of citizenship has not been restored (was, to knowingly vote in any primary or election without having been restored to the right of citizenship).

    Amends GS 9-3 by making organizational and clarifying changes.

    Amends GS 9-6.2 to require the clerk of superior court to report at least quarterly (was, quarterly) to the State Board, if a person is disqualified from jury duty because the person is not a US citizen. No longer requires the report to be made electronically. Provides that this communication is not a public record (was, records retained by the State board are public records except as prohibited by federal statute). Removes the requirement that the State Board retain the electronic records for four years and allowing destruction of the records when they are no longer public records.

    Deletes the previous changes to GS 163-82.14 and makes the following changes instead. Amends GS 163-82.14 (list maintenance of voter registration rolls) as follows. Changes the requirement that the State Board implement a program that makes a diligent effort not less than twice per year to remove ineligible voters and to update addresses and other necessary data in voter rolls to a requirement that the State Board and county boards of elections have this occur weekly, as follows. Requires the Department of Health and Human Services (DHHS) to provide the Executive Director of the Board (ED) the names of deceased persons who were residents of the State so that the ED may distribute this list to the county boards of election. Requires the county boards to remove those persons weekly. Requires county boards of elections to remove a person identified as deceased by their near relative or estate representative within one week of receipt of signed statement (currently, no deadline to do so). Requires the ED to compile, at a minimum of once per week, a list of individuals against whom a final judgment of conviction of a felony within the State has been entered as well as those convictions of federal felonies and to report to each county board of elections the names of those individuals from that county appearing on this list each week. (Currently, the Board must report State felony convictions on the 15th of each month and federal felonies upon receipt of notice by a US Attorney.) Makes technical changes. Requires the State Board, within 30 days of receiving a communication under new GS 9-6.2 (reports of excusals from jury duty based on disqualification), to (1) review the voter information and citizenship status of each identified person; (2) distribute a report to each county board of elections of the persons identified who are registered to vote in that county, including specified information about the person (prohibits including a person’s name in the report if it is determined that the person became a US citizen after the date of the person’s jury disqualification); and (3) if a prospective juror voted before becoming a US citizen, give the SBI and the district attorney a copy of its investigation for prosecution under GS 163-278. Requires a county board of elections within 30 days of receiving such a report to give 30 days’ written notice to the voter and remove the person from the registration records if the person makes no objection and provide notice of the removal; sets out the steps that must be taken if a person does submit an objection to the removal within 30 days of notice. Makes records related to these citizenship provisions public record and requires electronic records to be retained by the State Board and county boards for four years. Requires county boards of elections, at a minimum of once per week, to remove from their voter registration records the names of individuals who give confirmation of change of address for voting purposes (currently, county boards of election just need to have a systematic program, with no time requirements). Requires that following each congressional election, the county board of elections must send to each registered voter who has not voted or confirmed the voter's address by another means a confirmation mailing. (Currently, county boards of elections must send confirmation mailings to every registrant after every congressional election if it has not confirmed the address by another means.) Makes conforming, technical, and organizational changes. Makes changes effective July 1, 2024, instead of January 1, 2024.

    Requires that in any notice given to a voter before an election on the requirement to show photo identification to vote in person, whether by mail or posted on a website, the State Board and a county board of elections must clearly and initially state in the notice, "Voters will now be asked to present a valid photo identification when voting in person. If you do not have a valid photo ID card, you may obtain one from your county board of elections prior to the election, through the end of the early voting period. If you do not have a valid photo ID card on election day, you may still vote and have your vote counted by signing an affidavit of reasonable impediment as to why you have not presented a valid photo ID."

    Requires the Department of Information Technology to study and report to the NCGA, via delivery to the specified commission, by December 1, 2023, on the feasibility of replacing the statewide voter registration system, including the timetable for replacement and the possibility of establishing periodic communications, up to and including daily, between the State Board and the DHHS, Division of Vital Records; the Division of Motor Vehicles, Division of Prisons of the Department of Adult Corrections, and the Administrative Office of the Courts (AOC) for list maintenance and voter registration.

    Deletes the provision requiring AOC to amend the Rules of Recordkeeping to include procedures to implement new GS 9-6.2 and that specified that nothing in the act is to be construed to exempt records held by the AOC.

    Makes additional clarifying and technical changes.


  • Summary date: Jun 1 2023 - View Summary

    Part I.

    Amends GS 163-231(b)(1) to require absentee ballots to be received by the county board of elections by 7:30 p.m. rather than by 5:00 p.m. on the day of the statewide primary or general election or county bond election. Removes the requirement that absentee ballots received after 7:30 by the county board of elections on the day of the statewide primary or general election or county bond election be accepted if the ballots are postmarked with a date on or before the date of the statewide primary or general election or county bond election and received by the county board of elections no later than three days after the election by 5:00 pm. Makes conforming changes to GS 163-232.1(a). Amends (b)(2) to allow for absentee ballots not received by that specified time to be accepted if, in lieu of being required by federal law, the State Board of Elections has extended the closing time of the polls for every poll in the county pursuant to state law, whereby the ballots must be received by the closing time as extended by the State Board in order to be counted. Also requires absentee ballots to be accepted after the stated deadline if the ballots are received in accordance with Article 21A of GS Chapter 163, Uniform Military and Overseas Voters Act (was, if the ballots issued under Article 21A are received by the county board no later than the end of business on the business day before the canvass conducted by the county board). Makes conforming changes to the statutory cross references to this provision in GS 163-234 and GS 163-89.

    Modifies the county boards' duty to prepare a certified list of absentee ballots received on or after election day pursuant to GS 163-232.1. Now requires the list to contain all absentee ballots returned to the county board to be counted, which have been approved by the county board and not included on the certified list of executed absentee ballots received before 7:30 p.m., the time provided in GS 163-231(b) on the day of the statewide primary or general election or county bond election. Makes conforming changes to the county chairman's certification of the list. Makes language gender neutral.

    Amends GS 163-234 by requiring that only absentee ballots returned to the county board by 5:00 p.m. on the day before election day in a properly executed container-return envelope or absentee ballots received pursuant to GS 163-231(b)(2) must be counted (removes the specification that this requirement is except to the extent federal law requires otherwise). Requires the county board to also comply with GS 163-230.1 (simultaneous issuance of absentee ballots with application) in counting absentee ballots received pursuant to GS 163-231(b)(2). Makes language gender neutral.

    Amends GS 163-89 to specify that an absentee ballot received by the county board under GS 163-231(b)(1) may be challenged on the day of any statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 p.m., or by the chief judge at the time of closing of the polls (was, applicable to the absentee ballot of any voter).

    Amends GS 163-227.10 by adding the requirement that each county board and the State Board publish on its website and on materials sent to voters the date by which absentee ballots are available for voting.

    Amends GS 163-230.1 by adding that each county board and the State Board must publish on its website and on materials sent to voters the date by which a completed request form for an absentee application and absentee ballots must be received.

    Enacts new GS 163-232.2 setting out the following reporting requirements. Requires each county board to report the following to the State Board during each day of the one-stop early voting period: (1) the number of absentee ballots that have been spoiled due to the voter voting in person at a one-stop voting site and (2) the number of outstanding absentee ballots. Requires each county board of elections to report, from the day after the day of the election through the day after the receipt deadline for absentee ballots, to the State Board by 5:00 p.m. each day: (1) the number of absentee ballots that have been counted, (2) the number of outstanding absentee ballots, and (3) the number of voted provisional ballots. Requires the State Board to publish each report on its website daily.

    Part II.

    Amends GS 163-22, GS 163-33, and GS 163-37 by specifying that nothing in GS Chapter 160 authorizes (1) the State Board of Elections, (2) a county board of elections, or (3) a county board of commissioners to accept private monetary donations, directly or indirectly, for conducting elections or employing individuals on a temporary basis. 

    Part III.

    Amends GS 9-3, adding United States citizenship to the qualifications of prospective jurors.

    Adds to GS 9-6 to require all applications for excuses from jury duty to be made on a form developed and furnished by the Administrative Office of the Courts (AOC), with applications to allow specification for the reason(s) for excusal based on disqualification, including noncitizenship status. Authorizes the chief district court judge to delegate the authority to receive, hear, and pass on applications for excuses from jury duty to the clerk of superior court, after consultation with and the consent of the superior court clerk. Makes clarifying changes and makes language gender neutral. 

    Makes clarifying and conforming changes to GS 9-6.1 regarding requests to be excused from jury duty. Adds the clerk of superior court to those individuals with whom a request to be excused, deferred, or exempted from jury duty may be filed.

    Enacts GS 9-6.2 to require the clerk of superior court to retain the name and address provided by each person who requests to be excused from jury duty on the basis of disqualification, along with the reason for that request, for the remainder of the biennium as described in GS 9-2. Provides that the records are not public record and authorizes their destruction at the end of each biennium. Requires the clerk to quarterly electronically report to the State Board of Elections persons disqualified due to lack of US citizenship with personal information from the master jury list and the date of disqualification. Directs the State Board of Elections to use the information to conduct efforts to remove names from lists of registered voters pursuant to GS 163-82.14. Deems records retained by the State Board of Elections public records, subject to state and federal law. Requires the State Board of Elections to retain the electronic records for four years, and authorizes destruction when they are no longer public records. Specifies that the statute has no effect on State and local authorities to determine a person's eligibility to vote. Makes conforming changes to the clerk's recordkeeping duties regarding excusals under GS 9-6.

    Adds a new subsection to GS 163-82.14 regarding list maintenance. Directs the State Board of Elections to review the voter registration and citizenship status of each person identified in a clerk's quarterly report of jury duty disqualifications based on US citizenship and distribute to each county board of elections a report of the persons identified who are registered to vote in that county, including the clerk's electronic file and the results of the Board's review. Excludes persons who since attained US citizenship, unless the individual voted prior to attaining citizenship, whereby the State Board is required to furnish its investigation to the district attorney for prosecution. Requires county boards of elections to, within 30 days' receipt of a report, give 30 days' written notice to the voter at the voter's registration address and mailing address and remove the individual's name from its registration records if the voter makes no objection; requires notice to the voter of removal and indication of the removal based on noncitizenship status in the statewide computerized voting registration system. Requires entering a challenge if an objection is received within 30 days of the notice, with the notice to the county board of elections by the receipt of the report from the State Board constituting prima facie evidence of noncitizenship, rebuttable by proof of citizenship following excusal or federal documentation of citizenship. Deems county records public records, subject to state and federal law. Requires the State Board of Elections and county boards of elections to retain the electronic records for four years and authorizes destruction when they are no longer public records. Makes clarifying and organizational changes to the statute. 

    Directs the AOC to amend the Rules of Recordkeeping to implement the act. Specifies that the act does not exempt AOC records from public records laws, except as provided in GS 9-6.2, as enacted.

    Effective January 1, 2024. 

    Part IV.

    Amends GS 163-230.1 to require that absentee ballots be subject to public inspection.

    Part V.

    Amends GS 163-229 to require the barcode on a container-return envelope for absentee ballots to be affixed by the county board of elections. Amends GS 163-237 by making it a Class 1 misdemeanor for anyone other than the State Board or county board of elections, or their employees, to affix or print a barcode on an absentee ballot, absentee container-return envelope, or an absentee ballot request form.

    Part VI.

    Amends GS 163-22 by requiring the State Board of Elections to ensure that election records are retained and preserved for the greater of 22 months after an election or as otherwise specified in federal law. Sets out this same requirement for county boards of elections in GS 163-33. Makes conforming changes to GS 163-88.1 (concerning the preservation of challenged ballots), GS 163-233 (concerning retention of applications for absentee ballots), and GS 163-234 (concerning retention of container-return envelopes and absentee ballots).

    Amends GS 163-166.12 to require type of identification proof submitted by an individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina (whether voting in person or via absentee ballot) to be listed on the voter rolls that are publicly available. Deletes the provision allowing the county board of elections to dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records.

    Part VII.

    Amends GS 163-166.8 (assistance to voters) to require precinct officials to keep a log of any person who provides assistance to a voter under the statute that includes the name and address of the person rendering assistance as well as a place for their signature.

    Part VIII.

    Enacts new GS 163-82.6B allowing a person who is qualified to register to vote to register in person and then vote at a one-stop voting site in their county of residence during the one-stop voting period. Requires, however, that the individual vote by provisional ballot and that the ballot be counted under only in one of the following circumstances: (1) upon verification of the individual's address, in accordance with procedures under GS 163-82.7 (concerning verification of qualifications and address of voter registration applicant and denial or approval of application) with the verification done by first-class mail or (2) upon providing a copy of a current utility bill, bank statement, government check, paycheck, or other government document showing the voter’s name and address at the county board of elections where the voter resides before polls close on election day.

    Part IX.

    Amends GS 163-182.15 by requiring the State Board of Elections to submit an annual report on any changes made to elections records after certification of elections, including the rationale and time of those revisions, to the specified NCGA committees.

    Part X.

    Amends the procedure for challenging an absentee ballot set forth in GS 163-89(b) to allow any registered voter of the same county (currently, same precinct) as the absentee voter to challenge that voter’s absentee ballot.

    Part XI.

    Changes the procedure for voting absentee ballots in GS 163-231(a) to now require that the two witnesses to an absentee ballot also print their names on the application and certificate as witnesses (currently, two witnesses only need to sign the ballot). Makes conforming changes to the form of the container-return envelope (GS 163-229(b)(3)).

    Part XII.

    Adds an additional signature verification step to voting absentee ballots under GS 163-231 by requiring the State Board of Elections (Board) to mandate that the county boards of election use verification software to check the signature of voters noted on executed absentee ballots before those ballots are accepted by county boards.

    Part XIII.

    Amends GS 163-227.6(a) to now require precinct officials serving at one-stop voting places to be allocated in the same manner as those allocated at voting places on election day.

    Part XIV.

    Amends GS 163-90.2(c) to also require the Board, when appealing a decision of a county board of elections on a challenge to ballot(s), to take that appeal to the Superior Court of the county where the challenge originated. (Currently, all parties must take an appeal to the Superior Court of the county where the offices of the deciding county board are located.)

    Part XV.

    Amends GS 163-274(b) (election related misdemeanors) to make it a Class 1 misdemeanor for any person to impersonate a chief judge, judge of election, or other election officer while in the discharge of duties in the registration of voters or in conducting any primary or election. Effective December 1, 2023, and applies to offenses committed on or after that date.

    Part XVI.

    Amends GS 163-166.01 (hours for voting) to require that if the statutory poll closing time of 7:30 pm on election day is extended by court order in one county, the poll closing time must be extended on election day in all counties by an equal amount of time. 

    Part XVII.

    Amends GS 163-275 (listing felonies related to elections) to require the State Bureau of Investigation (SBI) to investigate alleged violations of any said crimes. Makes conforming changes to GS 143B-919 (authorized SBI investigations). Effective August 1, 2023, and applies to violations occurring on or after that date.

    Part XVIII.

    Amends GS 163-45 (poll observers designated by the political parties) to allow observers relieved after serving no less than four hours to serve an additional four hours during the same primary or election day at any voting place in that same county upon designation by the party chair.

    Part XIX.

    Removes the requirement in current law (GS 163-47) that, on the day of each primary and general and special election, the precinct chief judge and judges must remain at the voting place from the time fixed by law for the commencement of their duties there until they have completed all those duties, and they cannot separate nor can any one of them leave the voting place except for unavoidable necessity.

    Part XX.

    Enacts GS 163-213.1, which requires a two-factor authentication process for absentee ballots cast by mail. Requires the Board to use that process before an executed absentee ballot is opened and counted by elections officials.

    Part XXI.

    Requires that a person knowingly cast a vote at any primary or election without having their rights of citizenship restored for a Class I felony under GS 163-275 to be established (currently, no mental state requirement).

    Part XXII.

    Amends GS 163-124 by excluding from the statute, which includes requirements for declaration of intent and petitions for write-in candidates in partisan elections, special district elections and nonpartisan board of education elections.

    Amends GS 163-182.4 to provide that county boards of elections have jurisdiction over offices of municipalities (was, offices of municipalities unless the municipality has a valid board of election). Adds the requirement that the State Board of Elections, when voters in more than one county cast ballots for a municipal office, to prepare a composite abstract upon the completion of the canvass by the county boards and deliver it to all county boards responsible for canvassing votes for the contest, and each of those county boards must issue a certificate of nomination or election.

    Amends GS 163-2301 by adding the following. Requires that when an absentee by mail ballot container-return envelope contains a curable deficiency, the county board of elections must promptly notify the voter of the deficiency and how the voter may cure the deficiency. Specifies that curable deficiencies are those that can be cured with supplemental documentation or attestation provided by the voter, including when: (1) the voter did not sign the voter certification, (2) the voter signed the application in the wrong place on the application, or (3) the voter failed to include with the container-return envelope a photocopy of required identification or affidavit. Considers any container-return envelope with a curable deficiency that is transmitted to the county board to be timely if cure documentation is received in accordance with the requirements of GS 163-231(b) (which sets out requirements to be met when returning the sealed container-return envelope containing completed absentee ballots to the county board of elections who issued those ballots). Allows notification to be provided to voters by county board staff and specifies that it is not required to be performed at an absentee meeting. Amends GS 163-234 by making conforming changes.

    Amends GS 163-210 (pertaining to presidential election results and casting of the State’s votes for President and Vice-President). Changes the day that presidential/vice-presidential electors must be present in the old Hall of the House of Representatives in the State Capitol in the City of Raleigh to vote on behalf of the State for President and Vice-President from noon on the first Monday after the second Wednesday in December next after their election to noon of the first Tuesday after the second Wednesday in December next after their election. Now requires the Governor to send to the Archivist of the United States either three duplicate original certificates, or one original certificate and two authenticated copies of the Certificates of Ascertainment, under the great seal of the State setting forth the names of the persons chosen as presidential electors for this State and the number of votes cast for each by the most expeditious method available, rather than by registered mail. Requires the Certificates of Ascertainment to contain a security feature for purposes of verifying their authenticity.

    Amends GS 163-213(d) (proclamation before electors' meeting day controls) to  remove requirement that a proclamation of a Presidential Elector be made before noon on the day set for the meeting of the Presidential Electors by federal law for that proclamation to control over an appointment made by the General Assembly or the Governor. Now, proclamation can be made any time before the day set for the meeting of the Presidential Electors.