Conference report makes the following changes to the 5th edition.

Parts I-II.

Changes the effective date of Parts I and II from July 1, 2024, to January 1, 2024.

No longer requires that a chair of the State Board of Elections (State Board) and an Executive Director be appointed in accordance with Article 3 of GS Chapter 163 (as amended by this act) upon the eight members of the State Board of Elections appointed in accordance with GS 163-19, as amended by this act, taking the oath of office. 

Part IV.

Amends GS 163-30 by removing the proposed language that prohibited a registered lobbyist from serving as a member of a county board of elections.

Changes the effective date of Part IV from July 1, 2024, to January 1, 2024.

Part V.

Amends GS 163-213.4 to allow the State Board, during the meeting to nominate presidential primary candidates, by a vote of at least five (was, three) members in the affirmative, to nominate as a presidential primary candidate any other person affiliated with a political party that it finds is generally advocated and recognized in the news media throughout the US or in the state as candidates for the nomination by that party. Makes additional conforming, organizational, clarifying, and technical changes.

Changes the effective date of Part V from July 1, 2024, to January 1, 2024.

Part VIII. 

Amends the act's effective date provisions as follows. 

Provides that notwithstanding GS 163-19 if a chair is not elected by January 10, 2024 (was, within 30 days after taking the prescribed oath in 2024) or within 30 days of the occurrence of a vacancy in the office of the chair in 2024, the office may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate. No longer provides that the chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly by March 1, 2024, for appointments to be made effective July 1, 2024.

Provides that notwithstanding GS 163-30 if a chair is not elected by January 10, 2024 (was, within 15 days after the first meeting in July 2024) or within 30 days of the occurrence of a vacancy in 2024, the office may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate. No longer provides that the chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly by March 1, 2024, for appointments to be made effective July 1, 2024.

Changes the date by which the Executive Director must be selected from July 15, 2024, to January 10, 2024, or within 30 days of a vacancy in 2024 before the position may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate.

Adds that for the 2024 presidential preference primary only: (1) the State Board must meet on December 19, 2023, to perform its duties under GS 163-213.4; (2) petitions must be presented to the county board of elections no later than December 4, 2023, and filed with the State Board no later than December 18, 2023; (3) the December 19, 2023, meeting of the State Board is deemed to be the January 2024 meeting required by GS 163-213.4; and (4) no petitions filed under GS 163-213.5 after December 18, 2023, may be considered by the State Board.

Amends the act's long title.

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

Part I.

Section 1.1

Further amends GS 163-28 (State Board of Elections [Board] as an independent agency) to specify that the Board must be supported administratively by the Department of Secretary of State. Also requires that the Board exercise its statutory powers, duties, functions, and authority independently from authority of the Secretary of State and removes provisions that specify the board will have all powers and duties conferred upon the heads of principal departments.

Makes additional clarifying changes.

Part II.

Section 2.1

Amends GS 163-19 as follows. Requires that the list of nominees for members of the Board be submitted by the state party chairs by April 1 immediately following each election of the members of the Council of State (previously no deadline was specified). Provides that a person filling a vacancy is to serve the remainder of the unexpired term (was, fill the unexpired term). Requires the list of nominees to fill a vacancy in the State board to be submitted within five business days of the occurrence of the vacancy. Allows the office of chair to be filled by legislative appointment if a chair is not elected within 30 days after taking the prescribed oath (was, within 30 days after new appointees take the prescribed oath) or within 30 days of the occurrence of a vacancy in the office of chair. Amends who is the appointing authority for chair vacancies, varying from the President Pro Tempore of the Senate and Speaker of the House depending on the year within which the vacancy occurs. 

Section 2.5

Amends GS 163-27 to require that term of the Board's Executive Director begin May 15 of the year after each even-year election, unless removed for cause (was, after the first meeting held after the appointment to the Board are made, unless removed for cause, until a successor is appointed). Amends who is the appointing authority for Executive Director vacancies, varying from the President Pro Tempore of the Senate and Speaker of the House depending on the year within which the vacancy occurs. 

Makes additional organizational, clarifying, and technical changes throughout Part II.

Makes Part II effective July 1, 2024 (was, when the act became law), and specifies that appointments may be made accordingly. Makes conforming changes. Requires the eight Board members appointed under GS 163-19, as amended by this act, to serve until May 1, 2029 (was, 2025); makes those members eligible to serve one additional (was, serve two) full consecutive terms. No longer specifies in Section 2.6 that chairs of the two political parties having the highest number of registered affiliates may submit a list of names to the NCGA under amended GS 163-19. Requires the chair and Executive Director of the State Board to be appointed upon the eight members of the State Board taking the oath of office (was, upon their appointment). 

Deletes Section 2.7 concerning the criminal history record check for any prospective Executive Director.

Part IV.

Section 4.1

Amends GS 163-30 (appointments to the county boards of elections) to require that the recommendations for appointment to the board of elections for a county by the State chairs of the two political parties with the highest number of registered affiliates be submitted by April 1 of each odd-numbered year (previously no deadline was specified). Reduces the number of individuals that can be recommended from three to two. Allows the office of chair to be filled by legislative appointment if a chair is not elected within 15 days after the first meeting in July or within 30 days of the occurrence of a vacancy (was, only when a chair is not elected within 15 days after the first meeting in July). Amends who is the appointing authority for chair vacancies, varying from the President Pro Tempore of the Senate and Speaker of the House depending on the year within which the vacancy occurs. Makes additional technical, clarifying, and conforming changes.

Section 4.2

Deletes previous Section 4.2, which included proposed changes to GS 163-35 (concerning the county board of elections director's appointment, compensation, duties, and dismissal) and which would have repealed GS 163-35.1 (concerning the suspension or termination of county director of elections).

Amends GS 163-35 by adding that if the county board of elections is unable to agree on a person to recommend to fill a vacancy for the county director of elections, the State Board Executive Director must designate a qualified person to serve as acting county director until the county board nominates someone. 

Section 4.3

Makes technical changes to GS 163-37.1.

Amends GS 143B-969 to also allow the Department of Public Safety to provide the criminal history record check report on prospective appointees for the Board Executive Director to the chair of the Board. Specifies that the same report may be given to the chair or chairs of each standing committee (was, to the the chair or chairs of the standing committee) handling the legislation regarding the appointment of the Executive Director. Makes conforming and clarifying changes. 

Deletes the proposed changes to GS 143B-970 concerning criminal record checks for employees of county boards of elections. 

Makes organizational changes to Section 4.4 and no longer includes the provision allowing chairs of the two political parties having the highest number of registered affiliates to submit a list of names to the NCGA under amended GS 163-30; no longer requires that the county director of elections be appointed upon appointment of the four members of the county board of elections. 

Part V.

Section 5.1

Makes technical changes to GS 163-182.6. 

Makes all of Part V effective July 1, 2024 (was, when the act became law).

Part VI.

Adds the following new content.

Sections 6.1-6.4

Requires the following if S 512 (Greater Accountability for Boards/Commissions) becomes law. Requires that the Environmental Management Commission to elect a chair and vice-chair under amended GS 143B-284 no later than 90 days after the date that both members to be appointed by the Commissioner of Agriculture have been initially appointed. Requires the Board of Transportation to elect a chair and vice-chair under amended GS 143B-350 no later than 90 days after the date that all members to be appointed by the President Pro Tempore of the Senate and the Speaker of the House have been initially appointed. Requires the Coastal Resources Commission to elect a chair and vice-chair under amended GS 113A-104 no later than 90 days after the date that all members to be appointed by the President Pro Tempore of the Senate and Speaker of the House and the Commissioner of Insurance have been initially appointed. Requires the North Carolina Railroad Board of Directors to elect a chair under amended GS 124-15 no later than 90 days after the date that the member to be appointed by the State Treasurer has been initially appointed.

Section 6.5

Amends GS 163-230.1 to require that the State Board's rules include a process for a voter without acceptable photocopies of forms of readable identification to complete an alternative affidavit applicable to the three specified exceptions, that includes inability to attach a physical copy of the voter's identification within the returned application and voted ballots (was, with the written request) as a reasonable impediment to compliance with the identification requirement.

Section 6.6

Corrects a statutory cross-reference in GS 20-30.

Section 6.7

Amends GS 163-82.8A to require the county board of elections or the State Board (was, the county board of elections only) to maintain a database that contains the photos of registered voters taken for the purpose of issuing voter photo id cards. Amends GS 163-82.10 to make photos for voter photo identification confidential and specifies that they are not considered public records.

Section 6.8

Allows the $5 million appropriated in SL 2021-180 for 2021-22 to the State Board for a mobile voting program to also be used by the State Board for any photo identification implementation efforts and to implement the requirements of S 747, Elections Law Changes, if it becomes law. Specifies that the funds remain available until expended. 

Part VIII.

Amends the act's effective date provision by adding the following. 

Allows the chairs of the two political parties having the highest number of registered affiliates to submit a list of names to the NCGA by March 1, 2024, for appointments to be made effective July 1, 2024. Specifies that if a chair is not elected within 30 days after taking the prescribed oath in 2024 or within 30 days of the occurrence of a vacancy in the office of the chair in 2024, the office of the chair may be filled by legislative appointment under GS 120-121 as if the chair is a member of a board or commission by the President Pro Tempore of the Senate.

Allows the chairs of the two political parties having the highest number of registered voters to submit a list of names to the NCGA by March 1, 2024, for appointments to be made effective July 1, 2024. Specifies that if a chair is not elected within 15 days after the first meeting in July 2024, or within 30 days of the occurrence of a vacancy in 2024, the office of the chair may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate.

Provides that if an Executive Director is not selected by July 15, 2024, or within 30 days of the occurrence of a vacancy in 2024, the position may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate. 

Amends the act's long title.

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

Amends the act throughout to refer to the State Board instead of State Board of Elections. Makes organizational changes.

Part I.

Section 1.1.

Now specifies that the management functions of the State Board of Elections (Board) once it is transferred to the Department of the Secretary of State (Secretary) will not be performed under the direction and supervision of the Secretary. Changes effective date of transfer from January 1, 2025, to July 1, 2024.

Part II.

Section 2.1

Amends the method of appointment to the Board by the appointing authorities listed in GS 163-19(a) to specify that Board members are appointed upon the recommendation of those authorities (was, by those authorities). No longer specifies that NCGA appointments are to be made by an act of the NCGA. Makes clarifying changes. Amends GS 163-19(c) (vacancies to Board) to specify that the General Assembly will fill any vacancy on the Board upon the recommendation of the initial appointing authority (was, just filled by the initial appointing authority).  Specifies that appointment process for vacancies in legislative appointments set forth in GS 120-122 does not apply to Board vacancies.

Changes provisions for appointment of a chair to the Board as follows. Changes the triggering date for appointment of chair if no chair is elected from failure to elect chair 30 days after appointment to failure to elect chair 30 days after new appointees take the prescribed oath or within 30 days of the occurrence of a vacancy in the office of the chair. Now specifies that the office of chair may be filled by legislative appointment in accordance with GS 120-121 as if the chair is a member of a board or commission (was, GS 96-15.3). Further specifies that if the vacancy occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate. If the vacancy occurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives.

Section 2.2.

Amends GS 163-20 (meetings of the Board, quorum and minutes) to change the number of applications from Board members that are needed to call a meeting from two members to three members. Increases the number of Board members needed to call a meeting in lieu of the chair from three to six members. Increases the number of members needed to request a meeting in a place other than Raleigh from four to five. Removes provisions requiring the Board to adjourn from day to day for no more than 3 days in the event that there is no quorum. Removes provision allowing for removal of Board member(s) who fail to attend such meetings if by the end of the three-day period, there is no quorum. Makes language gender neutral. Makes conforming changes to account for new numbers. Makes technical change.

Section 2.3.

Amends GS 163-22 (powers and duties of Board) to remove the Board's power to appoint, fill vacancies, and to remove members of the county board of elections (County Boards). Removes the Governor as an individual that the Board is required to make recommendations to about the conduct and administration of the primaries and elections in the State as it may deem advisable so that it only needs to make those recommendations to the General Assembly. Increases the number of Board members needed to make a written request for any County Board election materials from four to five.  Makes technical, clarifying, and conforming changes to account for new limitations on the Executive Director under GS 163-27.

Section 2.4.

Makes organizational and technical changes to GS 163-25 (Board’s authority to assist in litigation).

Section 2.5.  

Changes provisions for appointment of an Executive Director under GS 163-27(b) as follows. Changes the triggering date for appointment of Executive Director if the position is not filled from failure to fill position 30 days after appointment to failure to fill position 30 days after new appointees take the prescribed oath or within 30 days of the occurrence of a vacancy in the office of the chair. Now specifies that the Executive Director may be filled by legislative appointment in accordance with GS 120-121 as if the Executive Director is a member of a board or commission (was, GS 96-15.3). Further specifies that if the vacancy occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate. If the vacancy occurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives.

Section 2.6.

Provides for initial appointments as follows. Specifies that the eight members of the Board appointed in accordance with GS 163-19, as amended by the act, will serve until May 1, 2025, and that these members will continue to be eligible to serve two full consecutive terms thereafter. Specifies that the chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly in accordance with GS 163-19, as amended by this act. Upon appointment of the eight members of the Board in 2023, a chair of the Board and an Executive Director will be appointed in accordance with the appointment provisions in the act.  

Section 2.7.

Specifies that a criminal history record check for any prospective Executive Director appointed by the General Assembly in 2023 must be provided to the chair or chairs of the standing committee handling the legislation regarding the appointment and not to the Board or the Executive Director. Specifies that the criminal history record checks for any prospective Executive Director appointed by the General Assembly in 2023 are not public records.

Part III.

Section 3.1.

Amends GS 163-27.1 (emergency powers of the Board) to allow the Board to exercise such powers in an open meeting (was, by affirmative vote). Specifies that the Board does not have the authority to delegate its emergency authority to the Executive Director or any other person; makes conforming changes.

Section 3.5.

Deletes prior Section 3.5 setting forth appointment process to the Board in 2025.

Section 3.6.

Deletes prior Section 3.6 setting forth appointment process to the County Boards in 2025.

Part IV.

Section 4.1.

Amends GS 163-30 (pertaining to County Boards) so that the appointment authority reflects the same “upon recommendation by” language used in GS 163-119, discussed above.  Removes language specifying that the appointing authority is required to give due consideration to the recommendations provided to them by the two leading political parties, but it is not required to follow those recommendations.  

Changes the triggering date for appointment of a chair of a County Board from no election of a chair 15 days after the new members are appointed to no election of a chair 15 days after the first meeting in July. Now specifies that the County Board chair may be filled by legislative appointment in accordance with GS 120-121 as if the County Board chair is a member of a board or commission (was, GS 96-15.3). Further specifies that if the vacancy occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate. If the vacancy occurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives. Specifies that appointment process for vacancies in County Boards set forth in GS 120-122 does not apply to County Board vacancies.

Section 4.2.

Amends GS 163-35 (director of elections to county board of elections, appointment, compensation, duties, and dismissal) as follows. Removes Board’s authority to fill vacancies and instead allows the county board of commissioners in that county to issue a letter of appointment. Amends the 7-prong list of disqualifiers that would prevent a person from serving as a director of a County Board so that a person is disqualified if they have been removed at any time by not only the Board but also, alternatively, by another county (currently, just removal by Board). Makes conforming changes by deleting references to Executive Director of the Board. Now, authorizes the county board of commissioners to obtain a criminal background check if warranted. Deletes provisions allowing the County Board to recommend the director’s salary, and instead just requires it be approved by the county board of commissioners. Makes technical, clarifying, and conforming changes. 

Repeals GS 163-35.1 (termination and suspension of county director of elections).

Section 4.3.

Amends GS 163-27.2 (criminal history checks of current and prospective Board employees and County Board directors) and GS 163-37.1 (criminal history record checks of current and prospective employees of County Boards) to remove provisions providing a copy of those background checks to the Executive Director (GS 163-27.2) or the County Board (GS 163-37.1). Deletes provision requiring County Board to provide copy of employee background checks to Board and Executive Director. Changes statutory process governing the Board’s criminal history check from GS 143B-968 (checks conducted by the Office of State Human Resources) to GS 143B-969 (criminal record checks for employees and contractors of the Board and county directors of elections). Changes statutory process governing County Board’s criminal history check from GS 143B-969 to GS 143B-970 (background checks for employees of County Boards). Makes conforming changes to account for new statutory process. Deletes provisions requiring County Boards to require a criminal history check of all prospective or current employees or those who will have or do have access to the statewide computerized voter registration system. Deletes provision in GS 163-27.2 barring a precinct official or assistants at a one-stop early voting location from being subject to a criminal history check unless that person performs a function designated by the Board.

Amends GS 143B-969 as follows. Changes the definition of current or prospective employee to mean a current or prospective permanent or temporary employee of the Board, other than the Executive Director (currently, all Board employees, no exemption for Executive Director, and also includes county directors of elections, both current and prospective). Now authorizes the Department of Public Safety (DPS) to provide to the chair or chairs of the standing committee handling the legislation regarding the appointment of the Executive Director the criminal history record check report regarding any prospective appointee for the position of Executive Director. Requires those individuals to keep that information confidential. Makes conforming changes.

Amends GS 143B-970 to authorize DPS to provide to the board of county commissioners the criminal history record check of any prospective appointee for the position of county director of elections. Requires county commissioners to keep the information confidential. Specifies that once a letter of appointment is issued by the board of county commissioners, the criminal history report on the appointed county director of elections will be forwarded to the county board of elections, the Board, and the Executive Director of the Board.

Section 4.4.

Provides for initial appointment terms to County Boards as follows. Specifies that the four members initially appointed under the act will serve until June 1, 2027. Specifies that chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly in accordance with the act. Upon appointment of the four members of County Boards in accordance with the act in 2024, specifies that the county director of elections will be appointed in accordance with the act.

Section 4.5.

Makes Part 4 effective June 1, 2024, and specifies that appointments shall be made accordingly.           

Part V.

Section 5.2.

Makes technical and conforming changes to GS 163-182.13 (new elections) to reflect increased membership on the State Board.   

Section 5.5.

Amends GS 163-258.30 (regulations of the Board) as follows. Deletes language requiring the Board to make recommendations about military and overseas voting to the Governor so that the Board just makes these recommendations to the General Assembly.