The Governor vetoed the act on 12/02/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/53600/0/S326-BILL-NBC-9328.
ELECTION DAY INTEGRITY ACT. (NEW)
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View NCGA Bill Details | 2021 |
AN ACT TO AMEND THE DATE BY WHICH MAIL-IN ABSENTEE BALLOTS MUST BE RECEIVED BY THE COUNTY BOARD OF ELECTIONS IN ORDER TO BE COUNTED, TO REQUIRE PUBLISHING OF THE DATE ABSENTEE BALLOTS ARE AVAILABLE AND THE DEADLINE FOR REQUESTING AN ABSENTEE BALLOT, AND TO PROVIDE FOR THE REPORTING OF BALLOTS BY THE COUNTY BOARDS OF ELECTIONS.Intro. by Daniel, Newton, Hise.
Bill History:
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Thu, 18 Mar 2021 Senate: Filed
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Thu, 18 Mar 2021 Senate: Filed
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Mon, 22 Mar 2021 Senate: Passed 1st Reading
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Mon, 22 Mar 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 22 Mar 2021 Senate: Withdrawn From Com
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Mon, 22 Mar 2021 Senate: Passed 1st Reading
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Mon, 22 Mar 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 22 Mar 2021 Senate: Withdrawn From Com
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Wed, 9 Jun 2021 Senate: Reptd Fav Com Substitute
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Wed, 9 Jun 2021 Senate: Com Substitute Adopted
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Wed, 9 Jun 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 14 Jun 2021 Senate: Reptd Fav
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Tue, 15 Jun 2021 Senate: Withdrawn From Cal
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Tue, 15 Jun 2021 Senate: Placed On Cal For 06/16/2021
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Wed, 16 Jun 2021 Senate: Amend Adopted A1
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Wed, 16 Jun 2021 Senate: Passed 2nd Reading
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Wed, 16 Jun 2021 Senate: Passed 3rd Reading
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Wed, 16 Jun 2021 Senate: Engrossed
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Thu, 17 Jun 2021 Senate: Regular Message Sent To House
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Thu, 17 Jun 2021 House: Regular Message Received From Senate
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Mon, 21 Jun 2021 House: Passed 1st Reading
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Mon, 21 Jun 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
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Wed, 17 Nov 2021 House: Reptd Fav
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Wed, 17 Nov 2021 House: Cal Pursuant Rule 36(b)
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Wed, 17 Nov 2021 House: Placed On Cal For 11/18/2021
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Thu, 18 Nov 2021 House: Passed 2nd Reading
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Thu, 18 Nov 2021 House: Passed 3rd Reading
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Thu, 18 Nov 2021 House: Ordered Enrolled
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Mon, 22 Nov 2021 Senate: Ratified
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Mon, 22 Nov 2021 Senate: Pres. To Gov. 11/22/2021
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Thu, 2 Dec 2021 Senate: Vetoed 12/02/2021
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Mon, 6 Dec 2021 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
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Bill S 326 (2021-2022)Summary date: Dec 2 2021 - View Summary
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Bill S 326 (2021-2022)Summary date: Jun 16 2021 - View Summary
Senate amendment to the 2nd edition makes the following changes.
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. Makes conforming changes to GS 163-232.1(a). Adds to the proposed changes to GS 163-231(b)(2) to allow for absentee ballots not received by that specified time to be accepted if 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, in lieu of being accepted only if federal law so requires.
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Bill S 326 (2021-2022)Summary date: Jun 9 2021 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Deletes the proposed changes to GS 163-22 and GS 163-33 that specified that the State Board of Elections (State Board) or county boards of elections (county boards) do not have the authority to accept private monetary donations for the purpose of administering elections or employing individuals on a temporary basis.
Deletes the changes to the deadline for county boards to receive a completed request form for an absentee ballot application and absentee ballots under GS 163-230.1.
Deletes the appropriation of $5 million to the State Board for 2021-22 for the establishment of a program to identify individuals in the State who need a photo ID to vote in person.
Further amends GS 163-231(b)(2) to require 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 GS 163-234, and GS 163-89.
Further amends GS 163-232.1 by making a technical change and by making language gender neutral.
Further amends GS 163-234 by requiring that only absentee ballots returned to the county board by 5:00 pm on the day before election day in a property 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.
Further amends GS 163-89 to specify that an absentee ballot received by the county board under GS 163-231(b)(1) (those received by the county board no later than 5:00 pm on the day of the statewide primary or general election or county bond election) 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 an 5:00 pm, or by the chief judge at the time of closing of the polls (was, applicable to the absentee ballot of any voter).
Adds the following content.
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 pm 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.
Makes organization changes to the act.
Amends the act's titles.
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Bill S 326 (2021-2022)Summary date: Mar 18 2021 - View Summary
Enacts GS 163-22(s) and GS 163-33(17) to specify that GS Chapter 163 does not grant authority to the State Board of Elections (State Board) or county boards of elections (county boards) to accept private monetary donations for the purpose of administering elections or employing individuals on a temporary basis, respectively.
Changes the deadline for county boards of elections to receive a completed request form for an absentee ballot application and absentee ballots under GS 163-230.1, to 5:00 p.m. on the second Tuesday before the election (currently the Tuesday before the election). Makes conforming changes.
Amends GS 163-231(b) to no longer authorize the transmission of executed absentee ballots to county boards 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 by within three days after the election by 5:00 p.m. Makes conforming changes to GS 163-89(a) regarding challenges to absentee ballots, and GS 163-234 regarding counting absentee ballots.
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 5:00 p.m. on the day before the election, and which have been received by the county board by 5:00 p.m. 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.
The above provisions are effective when the act becomes law and applies to elections held on or after that date.
Appropriates $5 million from the General Fund to the State Board for 2021-22 to establish a program to identify individuals in the state who need a photo ID to vote in person. Requires including a mobile component to visit identified individuals to ensure a photo ID is created for those voters. Effective July 1, 2022.
Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO PROHIBIT THE STATE BOARD OF ELECTIONS AND COUNTY BOARDS OF ELECTIONS FROM ACCEPTING PRIVATE MONETARY DONATIONS FOR CERTAIN PURPOSES, TO AMEND THE DATE BY WHICH A VOTER MUST REQUEST AN ABSENTEE BALLOT AND DATE BY WHICH A MAIL-IN ABSENTEE BALLOT MUST BE RECEIVED, AND TO APPROPRIATE FUNDS TO ESTABLISH A PROGRAM TO IDENTIFY AND ASSIST VOTERS NEEDING PHOTO IDENTIFICATION.