ELECTIONS CERTAINTY ACT.

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View NCGA Bill Details2021
House Bill 782 (Public) Filed Monday, May 3, 2021
AN ACT TO CLARIFY THE DATE AND TIME THAT MAIL-IN ABSENTEE BALLOTS MUST BE RETURNED TO THE COUNTY BOARD IN ORDER TO BE COUNTED.
Intro. by Mills, Kidwell, Moffitt, Zenger.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (May 5 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO CLARIFY THE DATE AND TIME THAT MAIL-IN ABSENTEE BALLOTS MUST BE RETURNED TO THE COUNTY BOARD IN ORDER TO BE COUNTED AND TO EXTEND THE EARLY ONE-STOP VOTING PERIOD BY THREE DAYS.

H 782

Bill Summaries:

  • Summary date: May 5 2021 - View Summary

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

    Further amends GS 163-231(b)(2), which is amended to no longer allow excused absentee ballots received later than 5:00 p.m. on the date of the statewide primary or general election or county bond election [as required by GS 163-231(b)(1)] to be accepted if (1) the ballots are postmarked and dated 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 p.m., or (2) the ballots are received by the county board of elections no later than the end of business on the business day before the canvass conducted by the county board. Adds that ballots will be accepted after the specified deadline if received in accordance with Article 21A of the Chapter. 

    Deletes the proposed changes to GS 163-258.10 which no longer considered valid military-overseas ballots submitted for mailing, electronic transmission, or other authorized means of delivery by 12:01 a.m. at the place where the voter completed the ballot on the date of the election.

    Eliminates the proposed repeal of GS 163-258.12, which required a valid military-overseas ballot cast in accordance with GS 163-258.10 to be counted if it is delivered to the address that the appropriate State or local election office has specified by the end of business on the business day before the canvass conducted by the county board of elections.

    Further amends GS 163-234, which governs the counting of absentee ballots. Adds a new requirement for the county board of elections to meet at 5:00 p.m. the day after election day in the board office or other public location in the county courthouse for the purpose of counting any remaining uncounted eligible mail-in absentee ballots that have not yet been counted.

    Deletes the proposed changes to GS 163-227.2, which expanded the permitted period for early one-stop voting to the period of the third Monday before an election in which absentee ballots are authorized and 3:00 p.m. on the last Saturday before the election. 

    Adds the following new content. 

    Amends GS 163-227.10, which sets the date by which absentee ballots must be available for voting. Extends the days set forth by 3 days further from the election. Makes conforming changes to GS 163-229 (governing absentee ballots, applications on container-return envelopes, and instruction sheets); GS 163-230.1(c) (governing delivery of absentee ballots and container-return envelopes to applicants); and GS 163-22(k) (governing the State Board of Elections' authority to reduce the required dates by which absentee ballots must be printed and distributed).

    Makes conforming changes to the act's long title.


  • Summary date: May 3 2021 - View Summary

    Amends GS 163-231(b)(2) to no longer allow excused absentee ballots received later than 5:00 p.m. on the date of the statewide primary or general election or county bond election [as required by GS 163-231(b)(1)] to be accepted if (1) the ballots are postmarked and dated 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 p.m., or (2) the ballots are received by the county board of elections no later than the end of business on the business day before the canvass conducted by the county board; maintains that ballots will be accepted after the specified deadline if required by federal law. 

    Amends GS 163-258.10 to no longer consider valid military-overseas ballots submitted for mailing, electronic transmission, or other authorizes means of delivery by 12:01 a.m. at the place where the voter completed the ballot on the date of the election; maintains validity of such ballots received by the appropriate county board of election by the close of the polls on the date of the election. 

    Repeals GS 163-258.12, which requires a valid military-overseas ballot cast in accordance with GS 163-258.10 to be counted if it is delivered to the address that the appropriate State or local election office has specified by the end of business on the business day before the canvass conducted by the county board of elections.

    Makes conforming changes to GS 163-234, which governs the counting of absentee ballots. Further amends the statute to require county boards to comply with GS 163-230.1, concerning the simultaneous issuance of absentee ballots with application, for the counting of absentee ballots received pursuant to GS 163-231(b)(2), as amended. 

    Amends GS 163-89 to specify that the right to challenge the absentee ballot of any voter on the day of any Statewide primary or general election or county bond election beginning at noon and ending by 5:00 p.m. applies to ballots received by the county board pursuant to the general deadline provided in GS 163-231(b)(1). Provides that the ballot of any voter received by the county board after the deadline set forth in GS 163-231(b)(1) as required by federal law, pursuant to GS 163-231(b)(2), can by challenged by 5:00 p.m. on the next business day following the deadline for receipt of such absentee ballots (no longer limiting the challenge to beginning at noon). Makes conforming changes. 

    Amends GS 163-227.2, expanding the permitted period for early one-stop voting to the period of the third Monday before an election in which absentee ballots are authorized and 3:00 p.m. on the last Saturday before the election. Requires county boards to have extended one-stop voting hours or days included in its plan approved in accordance with GS 163-227.6 (rather than subsection (g) of the statute). Makes technical changes.