AN ACT TO IMPLEMENT THE CONSTITUTIONAL AMENDMENT REQUIRING PHOTOGRAPHIC IDENTIFICATION TO VOTE. Enacted December 19, 2018. Effective December 19, 2018, except as otherwise provided.
Summary date: Dec 19 2018 - View summary
Summary date: Dec 14 2018 - View summary
The Governor vetoed the act on 12/14/18. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2017/7703/0/S824-BD-NBC-2666.
Summary date: Dec 5 2018 - View summary
House amendments make the following changes to the 4th edition.
Amendment #1 modifies the natural disaster exception to the photo ID requirement to vote set forth in proposed GS 163A-1145.1(d)(3), making the exception available to registered voters who are victims of a natural disaster occurring within 100 days before election day that resulted in a disaster declaration by the President or the Governor, rather than both a presidential and gubernatorial disaster declaration.
Amendment #2 adds to proposed GS 163A-869.1, specifying that the expiration of the voter photo ID card does not presume a voter’s voter registration is expired or inactive, and requiring the cards contain a disclaimer statement to that effect.
Amendment #4 deletes the proposed changes to GS 163A-1307 and GS 163A-1310, regarding absentee ballots, requiring absentee voters to include a photocopy of an acceptable form of photo ID or a completed affidavit with their ballot. Instead, amends GS 163A-1309 concerning absentee ballot requests. Adds new requirement for the Bipartisan State Board of Elections and Ethics Enforcement to adopt rules to provide for the forms of ID that must be included with the written request for an absentee ballot. Specifically requires the Board’s rules to include (1) acceptable form of readable identification substantially similar to those required under GS 163A-1145.1, (2) a process for a voter to instead complete an alternative affidavit pursuant to GS 163A-1145.1(d)(1)-(3) that includes lack of access to a method to attach an electronic or physical copy of ID to the written request as a reasonable impediment, and (3) a process for a voter to request the option to return the information required with the absentee ballot container return envelope. Removes current language requiring absentee request forms to include at least one of either the voter’s driver's license, special identification card, or the last four digits of their Social Security number. Makes conforming changes. Makes conforming changes to GS 163A-1307, requiring the State Board to include on the application on the container-return envelope an area to attach additional documentation necessary to comply with the ID requirements pursuant to State Board rules.
Requires the State Board to develop temporary rules no later than July 1, 2019, and permanent rules no later than January 1, 2020. Requires consultation with Disability Rights North Carolina. Further requires the State Board to report to the specified NCGA committee on the proposed temporary or permanent rules prior to adoption. Additionally requires the State Board to report to the specified NCGA committee no later than March 1, 2019, on the security of absentee voting, as specified.
Amendment #5 adds to GS 163A-1145.2, concerning the approval of student ID cards for voting identification. Adds to the requirements for student IDs certified by a university's or college’s signed letter to the State Board to include that the university or college provides, when issuing student IDs, a copy of a document by the State Board with information on voting ID requirements, voting options, and the availability of a free NC voter ID card to rural, military, veteran, elderly, underserved, minority, or other communities, and the requirements of NC residency to vote and the penalty for voting in multiple states. Adds to the public education initiative of the State Board in Section 1.5(a), requiring the State Board to make such a document available on its website.
Amendment #7 removes the witness verification alternative to presenting a photo ID to vote in proposed GS 163A-1145.1(d)(4).
Amendment #10 makes the following changes.
Modifies proposed GS 163A-1145.1(b) concerning photo ID verification, permitting a voter to vote unless the judges of election present unanimously agree that the photo ID presented does not bear a reasonable resemblance (previously, any reasonable resemblance) to that voter.
Adds new Section 1.3(a), requiring the issuance of special identification cards by the Division of Motor Vehicles (DMV) for any person whose valid driver's license, permit, or endorsement is received by the DMV upon seizure or surrender, as required by new GS 20-37.7(d2), begin no later than May 1, 2019.
Further amends the State Board’s public education initiative set forth in Section 1.5(a). Concerning the charge to inform the public regarding the requirements of North Carolina residency to vote, requires the education program to include applicable intent requirements of North Carolina law (previously, the requirement for intent to remain in the State). Makes conforming changes to Amendment #5, discussed above (amending proposed GS 163A-1145.2(a)(1) and adding to the education initiative components). Further amends the education initiative components, concerning the requirement to mail information twice in 2019 and 2020, to now require the specified information be mailed to all NC residential addresses in the same manner as the Judicial Voter Guide, rather than to all registered voters.
Modifies the appropriations provisions set out in Section 4. Directs the State Board to transfer to the Highway Fund (was, the DMV) $1.5 million for the 2018-19 fiscal year to address the loss of revenues resulting from the act’s implementation. Expands the permitted allocation of the $850,000 appropriation to the NC Public Campaign Fund to permit allocation of the funds by the State Board for assistance to county boards of elections in implementing the act (previously, allocation limited to county boards for maintenance grants for printing equipment).
Amendment #11 modifies the tribal enrollment card form of acceptable photo ID to vote set out in proposed GS 163A-1145.1(a)(1)e. to specify an acceptable tribal enrollment card issued by a state or federal recognized tribe (previously, limited to federally recognized tribe or a State recognized tribe when specified conditions were met).
House committee substitute makes the following changes to the 3rd edition.
Deletes the provision allowing the Bipartisan State Board of Elections and Ethics Enforcement (State Board) to spend the entirety of the Voter Education Fund for the implementation of the act and makes the following appropriations instead. Appropriates $2.25 million for 2018-19 from the General Fund to the State Board, with $750,000 used to implement the act and that may be used to create temporary positions at the State Board. Requires the State Board to transfer to the Division of Motor Vehicles, Department of Transportation, up to $1.5 million for 2018-19 for the loss of revenues resulting from implementing the act. Appropriates $850,000 from the General Fund to the North Carolina Public Campaign Fund for 2018-19; requires that the State Board allocate these funds to county boards of elections for maintenance grants for printing equipment.
House committee substitute makes the following changes to the 2nd edition.
Makes clarifying change to proposed GS 163A-869.1 (concerning voter photo ID cards) and GS 163A-1145.1 (concerning the requirement for photo ID to vote in person) to more specifically refer to a registered voter throughout the proposed language.
Amends proposed GS 163A-869.1, concerning the rules the Bipartisan State Board of Elections and Ethics Enforcement (State Board) is required to adopt relating to voter photo ID cards. Now requires the State Board to adopt rules to ensure a registered voter seeking to obtain a voter photo ID card provides the registered voter’s name, date of birth, and the last four digits of the registered voter’s Social Security number (previously, did not require the voter provide the voter’s name). Further, requires the State Board to adopt rules to ensure the registered voters that update their voter registration to reflect a name change can request and obtain a replacement card from their county board of elections by providing their date of birth and the last four digits of their Social Security number in person, by phone, or by mail.
Makes the following changes to proposed GS 163A-1145.1. Adds to subsection (b) concerning photo ID verification, generally providing that a voter must be permitted to vote unless the judges of election present unanimously agree the photo ID presented does not bear any reasonable resemblance to that voter. Adds to subsection (c) concerning provisional ballots. Requires State Board to provide registered voters casting provisional ballots due to failure to present a photo ID an information sheet containing the time by which the voter must return to the county board of elections to present an acceptable form of photo ID and what forms of photo ID are acceptable in order for the provisional ballot to be counted. Makes a conforming change to subsection (d) concerning exceptions to the voter ID requirement, to refer to an acceptable form of photo ID (was, a valid and current photo ID) as provided in subsection (a), reflecting the same change in phrasing adopted in the previous edition. Adds a new exception for registered voters not producing an acceptable form of photo ID, permitting a voter to cast a provisional ballot in the presence of two witnesses and complete a witness verification form as described. Further, adds a new subsection requiring the State Board to adopt a witness verification form with space to identify the two witnesses, the witnesses' signatures, and the witnesses' addresses. Specifies that failure to list a ZIP code does not invalidate the witness form. Makes conforming changes to subsection (e).
Adds to proposed GS 163A-1145.2, concerning approval of student ID cards for voting identification, to require a participating college or university that has had its student ID cards approved for use by the State Board to provide copies of any new design of the student ID cards to the State Board to assist with training purposes.
Modifies proposed GS 163A-1145.3, concerning approval of employee ID cards for voting identification, clarifying the State Board’s approval of the specified cards is for the purpose of voter identification under new GS 163A-1145.1.
Makes conforming changes to GS 163A-1307(b), concerning the required application content that must be printed on each container-return envelope for absentee ballots, to require the inclusion of instructions for absentee voters to include a readable photocopy or completed affidavit, or bring an acceptable form of photo ID to the county board as specified in GS 163A-1310, as amended.
Amends GS 163A-1310 to now require an absentee voter to also place either of the following in the container-return envelope along with their folded ballot and securely seal it in the presence of two witnesses: (1) a readable photocopy of the voter's acceptable photo ID under new GS 163A-1145.1(a) or (2) a completed affidavit in accordance with new GS 163A-1145.1(d)(1) (religious objection exception), (d)(2) (reasonable impediment exception), or (d)(3) (natural disaster exception). Further adds that if an absentee voter does not include a photocopy or completed affidavit, as specified, their ballot is counted only if the voter brings an acceptable form of photo ID to the county board of elections no later than the end of business on the business day prior to the county's canvass. Specifies that any readable photocopy of a registered voter's photo ID received by a county board must be treated as a voted ballot under GS 163A-1105. Requires county boards to provide for secure storage of personally identifying information.
Makes organizational changes.
Makes clarifying change to proposed GS 20-37.7(d2), regarding the Division of Motor Vehicles (DMV)'s automatic issuance of special identification cards upon receipt of seized or surrendered licenses, permits, and endorsements.
Adds to the powers and duties of the State Board in GS 163A-741, requiring the Board to include a prominent statement that submitting fraudulently or falsely completed declarations is a Class I felony under GS Chapter 163A on all forms prepared by the Board.
Consolidates and adds to the directive for the State Board regarding an aggressive voter education program. Expands the education efforts in coordination with local media outlets, county boards of commissions, and county boards of elections as specified to specifically include efforts to inform rural, military, veteran, elderly, underserved, minority, and other communities as determined by local needs of the changes in the act, the various voting options, and the availability of free voter ID cards (previously, to underserved and minority communities). Removes the specific requirement that this information be disseminated in Spanish and other languages deemed necessary. Adds that the educational program must inform the public regarding NC residency requirements to vote, including the requirement for intent to remain in the state, and the penalty for voting in multiple states, when appropriate, in the State Board’s educational program.
Adds new directive for the State Board, requiring the Board to review, update, and make further recommendation on steps to implement the use of electronic and digital information in all polling places statewide to the specified NCGA committee by September 1, 2019. Details requirements of the review, including addressing a proposed plan for a pilot project to implement electronic pollbooks.
Summary date: Nov 28 2018 - View summary
Senate amendments make the following changes to the 1st edition.
Amendment #1 modifies the rules the Bipartisan State Board of Elections and Ethics Enforcement (State Board) is required to adopt regarding voter photo identification cards under proposed GS 163A-869.1. Now requires the State Board to adopt rules to ensure voter photo ID cards are issued at any time, except during the time period between the end of one-stop voting (previously, between the end of the voter registration deadline) for a primary or election and election day for each primary and election.
Amendment #2 modifies proposed GS 163A-1145.1 concerning the reasonable impediment exception provided for a voter who does not produce a valid and current photo ID. Changes the reasonable impediment exception to require a voter to complete a reasonable impediment declaration form instead of listing the impediment in the affidavit. Directs the State Board to adopt a reasonable impediment declaration form that at minimum includes specified check boxes to identify the voter's reasonable impediment.
Amendment #3 modifies the acceptable forms of photo identification set out in proposed GS 163A-1145.1 to add a valid and unexpired, or expired for one year or less, student identification card issued by a community college as defined in GS 115D-2(2) (previously, issued by a constituent institution of the North Carolina Community College system). Makes conforming changes to proposed GS 163A-1145.2 (Approval of student identification cards for voting identification) and proposed implementation language in Section 1.2(e) of the act.
Amendment #4 makes a technical correction to proposed GS 163A-1145.3 (Approval of employee identification cards for voting identification).
Amendment #10 modifies proposed GS 163A-869.1 regarding the voter photo identification cards. Extends the validity of the cards to now expire 10 years rather than eight years from the date of issuance. Adds a new requirement for county boards of elections to notify any voter issued a voter photo ID card within ninety days prior to the card's impending expiration. Modifies proposed GS 163A-1145.1 concerning the natural disaster exception, allowing for a voter who is a victim of a natural disaster occurring within 100 days before election day (previously, 60 days before election day) and unable to produce an acceptable form of photo identification to cast a provisional ballot upon completion of an affidavit, as specified.
Amendment #11 adds to the public education initiatives the State Board must conduct, requiring the provided statement be prominently placed in all voter education materials mailed to citizens and on informational posters displayed at one-stop voting sites and precincts on election day. Make conforming organizational changes.
Summary date: Nov 27 2018 - View summary
Enacts GS 163A-869.1, requiring county boards of elections to issue voter photo identification cards (photo ID cards) to registered voters upon request at no charge beginning no later than May 1, 2019. Describes the cards, requiring that they contain the voter’s photograph and voter registration number and expire eight years after issuance. Directs county boards of elections to maintain a secure database containing photographs of registered voters taken for voter ID cards. Requires the Bipartisan State Board of Elections and Ethics Enforcement (State Board) make available to county boards of elections the necessary equipment to print the cards, while county boards operate and maintain the equipment. Directs the State Board to adopt related rules no later than April 15, 2019, including at minimum: (1) requiring registered voters to provide their date of birth and last four digits of their social security number to obtain a photo ID card; (2) issuing photo ID cards at any time except between registration deadline and election day for a primary or election; and (3) allowing for issuance of duplicate photo ID cards at no charge upon request in person, by phone, or by mail.
Enacts GS 163A-1145.1, setting out the requirement to produce photo identification to vote in person. Outlines acceptable forms of photo identification, including a valid and unexpired, or expired for one year or less: NC driver's license; a special identification card or similar card issued by the NC Department of Motor Vehicles (DMV); a US passport; an NC voter photo identification card; a tribal enrollment card issued by a federally or state recognized tribe; a student ID card issued in accordance with new GS 163A-1145.2 by a constituent institution of UNC, the NC Community College System, or eligible private postsecondary institution; an employee identification card issued in accordance with new GS 163A-1145.3 by a state or local government; or a drivers license or special identification card issued by another state, DC, or a US territory so long as the voter’s voter registration was within 90 days of the election. Allows for a US military identification card or Veterans Identification Card to be presented and accepted regardless of expiration. Allows for any expired form of identification allowed by the statute to be presented by a voter who is 65 years old so long as the identification was unexpired on the voter’s 65th birthday. Details verification of photo identification presented by an assigned precinct official. Allows registered voters that cannot produce the required photo identification to cast a provisional ballot that will be counted only if the voter brings an acceptable form of photo identification to the county board of elections by the end of business on the business day prior to the county’s canvass. Allows those with a religious objection to being photographed, a reasonable impediment to obtaining a photo identification, or unable to produce a photo ID due to being a victim of a natural disaster to cast a provisional ballot upon completion of an affidavit as described. Provides for the county board of elections to review photo identification exceptions and affidavits. Specifies that the purpose of the required identification is only to confirm the person presenting to vote is the voter on the registration record, and that an address listed on any identification is not determinative of residence for voting purposes.
Enacts GS 163A-1145.2 and GS 163A-1145.3, setting out a process for the State Board to approve the use of student and employee identification cards for voting and detailing criteria that must be met, including that identification cards contain an expiration date, effective January 1, 2021, and institutions and employing entities employ reasonable security measures to protect the identification process. Requires the State Board to (1) approve the use of student and employee identification cards every four years and (2) publish a list of participating institutions and entities to its website every four years and disburse the list to county boards of elections.
Requires the State Board to approve tribal enrollment cards, student identification cards, and employee identification cards no later than March 15, 2019, for use in primaries and elections held in 2019 and 2020, and again no later than March 15, 2021, for elections held on or after that date. Directs the State Board to adopt temporary rules regarding reasonable security measures for student or employee ID cards no later than February 1, 2019, and permanent rules on the matter no later than May 15, 2021. Requires the State Board to produce the initial list of participating institutions and employing entities no later than April 1, 2019.
Permits otherwise acceptable student and employee identification cards that do not have an expiration date to be eligible for use in any election held before January 1, 2021.
Allows any voter who does not present an acceptable form of photo identification for an election held in 2019 to cast a provisional ballot and complete an impediment affidavit for not being aware of the requirement or failing to bring an acceptable form of photo identification to the voting place.
Amends GS 20-37.7 to allow special identification cards to be issued free of charge to applicants who are at least 17 (was, 70) years old. Requires the DMV to automatically issue and mail at no charge a special identification card to a person whose valid driver's license, permit, or endorsement is required to be seized or surrendered, and is received, due to cancellation, disqualification, suspension, or revocation, if the person is eligible to receive a special identification card. Makes conforming changes.
Makes conforming changes to GS 163A-1137 and GS 163A-1300 concerning presenting photo identification to vote in person.
Directs the State Board to establish an aggressive voter education program concerning the new provisions, including: posting information concerning voter ID changes at each county board of elections, the State Board’s office, and their respective websites; training precinct officials; coordinating with each county board of elections to conduct seminars prior to September 1, 2019; and coordinating with local governments, service organizations, and media outlets to disseminate voter ID changes to the public, with dissemination in Spanish and other languages. Additionally requires education materials be provided to underserved and minority communities. Specifically requires the State Board to notify each registered voter who does not have an NC issued driver’s license or identification card by September 1, 2019, of the act’s provisions; the requirements to vote absentee, early, on election day, or by provisional ballot; and state the availability of a free NC voter photo ID card. Further requires information be mailed to all registered voters three times describing acceptable forms of photo identification, options for provisional voting, and a description of mail-in absentee voting. Requires the State Board to create a list of all registered NC voters who are otherwise qualified to vote but do not have an NC driver's license or other photo identification issued by the NC DMV as of September 1, 2019. Requires the list be made available to any registered voter upon request and at a reasonable fee. Requires the NC DMV to provide the list of persons with an NC driver's license or other photo identification issued by the NC DMV at no cost to the State Board.
Requires county boards of elections to make information available regarding the act to all voters in the 2019 municipal primary and election and at the 2020 primary election.
Makes conforming changes to repeal Sections 1.1, 5.2, 5.3 (as amended by SL 2015-103), 5.4, and 5.5 of SL 2013-381, the Voter Information Verification Act.
Makes conforming changes, repealing the following statutes relating to voter identification: GS 163A-868, GS 163A-869(e), GS 163A-1140(b), GS 163A-1145, GS 163A-1146, GS 163A-1147, GS 163A-1167, GS 163A-1168, and GS 163A-1301.
Amends GS 163A-1389, making it a Class I felony to counterfeit, sell, lend to, or knowingly permit the use of a form of acceptable photo identification listed in new GS 163A-1145.1 by one not entitled thereto.
Amends GS 163A-821, authorizing the chair of each political party in the state to designate up to 100 additional at-large observers who can attend any voting place in the state. Requires observers to be residents and registered voters of North Carolina, and be of good moral character. Make clarifying changes.
Makes further conforming changes to GS 163A-913, GS 130A-93.1, GS 161-10(a)(8), GS 163A-1389(13), GS 163A-821, GS 163A-867(g)(2), GS 163A-1133(b), GS 163A-1134(e), GS 163A-1298(a), GS 163A-1300(a) and (i), GS 163A-1303, GS 163A-1306, GS 163A-1308(c), GS 163A-1310(c), GS 163A-1315, GS 163A-1368, GS 163A-1411(41), and GS 163A-1520(a).
Authorizes the State Board to exhaust the Voter Education Fund to implement the Act.