REMOVE FOREIGN CITIZENS FROM VOTING ROLLS. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 250 (Public) Filed Wednesday, March 13, 2019
AN ACT TO CODIFY THE COMMON LAW REQUIREMENT FOR UNITED STATES CITIZENSHIP TO QUALIFY AS A JUROR, TO ALLOW A CLERK OF COURT TO HEAR JURY EXCUSES IF SO DESIGNATED BY THE CHIEF DISTRICT COURT JUDGE, AND TO PROVIDE THAT THE NAMES AND ADDRESSES OF PERSONS REQUESTING TO BE EXCUSED FROM JURY DUTY BASED ON DISQUALIFICATION SHALL BE SHARED WITH THE STATE BOARD OF ELECTIONS IF THE DISQUALIFICATION IS DUE TO UNITED STATES CITIZENSHIP.
Intro. by Krawiec, Sanderson, Burgin.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Nov 13 2019)

SOG comments (3):

Long title change

Senate committee substitute to the 1st edition changed the long title.  Original title was AN ACT TO PROVIDE THAT THE NAMES AND ADDRESSES OF PERSONS REQUESTING TO BE EXCUSED FROM JURY DUTY BASED ON DISQUALIFICATION SHALL BE RETAINED BY THE CLERK OF SUPERIOR COURT FOR NOT LESS THAN TWO YEARS.

Long title change

House committee substitute to the 4th edition changed the long title. Previous title was AN ACT TO ALLOW A CLERK OF COURT TO HEAR JURY EXCUSES IF DESIGNATED TO BY THE CHIEF DISTRICT COURT JUDGE, AND TO PROVIDE THAT THE NAMES AND ADDRESSES OF PERSONS REQUESTING TO BE EXCUSED FROM JURY DUTY BASED ON DISQUALIFICATION SHALL BE RETAINED BY THE CLERK OF SUPERIOR COURT FOR THE REMAINDER OF THE BIENNIUM AND IN SOME CASES SHARED WITH THE BOARD OF ELECTIONS.

Long title change

House committee substitute to the 5th edition changed the long title.  Previous title was AN ACT TO ALLOW A CLERK OF COURT TO HEAR JURY EXCUSES IF SO DESIGNATED BY THE CHIEF DISTRICT COURT JUDGE AND TO PROVIDE THAT THE NAMES AND ADDRESSES OF PERSONS REQUESTING TO BE EXCUSED FROM JURY DUTY BASED ON DISQUALIFICATION SHALL BE RETAINED BY THE CLERK OF SUPERIOR COURT FOR THE REMAINDER OF THE BIENNIUM AND SHARED WITH THE BOARD OF ELECTIONS IF THE DISQUALIFICATION IS DUE TO CITIZENSHIP.

S 250

Bill Summaries:

  • Summary date: Nov 13 2019 - More information

    The Governor vetoed the act on 11/06/19. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2019/6866/0/S250-BD-NBC-8368.


  • Summary date: Oct 29 2019 - More information

    Conference report to the 6th edition makes the following changes.

    Modifies proposed GS 9-6.2, regarding reports of excusals from jury duty based on disqualification. Clarifies that the records retained by the State Board of Elections (State Board) regarding disqualification from jury duty based on citizenship are public records, except as prohibited by federal statute.

    Makes a similar clarification to GS 163-82.14, concerning registered voter list maintenance, to deem noncitizen records under new subsection (c1) public records, except as prohibited by federal statute. Further amends the proposed new provisions in GS 163-82.14 to no longer require the State Board to quarterly publish on its website the voter registration status of persons disqualified from jury duty based on citizenship.


  • Summary date: Oct 1 2019 - More information

    House committee substitute to the 5th edition makes the following changes.

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

    Further amends GS 9-6, adding new subsection (a1) 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. Specifically requires the applications to allow prospective jurors to specify the reason for excusal based on disqualification, including lack of United States citizenship. Makes additional clarifying changes.

    Further amends GS 9-6.1 to make technical changes.

    Modifies proposed GS 9-6.2, regarding reports of excusals from jury duty based on disqualification. Makes organizational changes and adds to the information the clerk must include in the electronic quarterly report to the State Board of Elections (State Board) regarding juror disqualifications based on US citizenship, to include the disqualified person's date of birth and other personal information from the master jury list. Clarifies that the records retained by the State Board are public records, despite the provisions of GS 20-43.4(c), concerning the confidentiality of the list of licensed drivers provided by the Division of Motor Vehicles to jury commissions.

    Deletes the proposed changes to GS 163A-877, regarding maintenance of the list of registered voters. Instead, amends GS 163-82.14, concerning list maintenance (SL 2018-146 recodified GS 163A-877 as GS 163-82.14). Adds a new subsection to establish a procedure for the State Board to review the electronic quarterly reports transmitted by the clerks of superior court regarding juror disqualifications due to citizenship pursuant to new GS 9-6.2. Requires the State Board to, within 30 days of receipt of the report, review the voter registration and citizenship status of each person identified in the report, and distribute to each appropriate county board of elections a report of those identified persons, along with the specified electronic file and identifying information. Prohibits including in the reports persons determined to have become US citizens after the disqualification, unless the State Board determines the prospective juror voted prior to obtaining US citizenship, in which case the State Board is required to furnish the district attorney a copy of its investigation for prosecution of the violation pursuant to GS 163-278. Requires county boards to, within 30 days of a report from the State Board, give 30 days' written notice to the voter prior to removal from the county's registration records. Provides for a voter to object to the removal within 30 days, as specified. Deems the records under new subsection (c1) public records and requires the State Board and county boards to retain the electronic records for four years, allowing for the records to be destroyed only when they are no longer public records. Makes further clarifying and technical changes.

    Makes conforming changes. Clarifies that the act does not exempt records held by the Administrative Office of the Courts from the public records laws of GS Chapter 132, except as provided in proposed GS 9-6.2, as enacted.

    Changes the act's long title.


  • Summary date: Aug 20 2019 - More information

    House committee substitute to the 4th edition makes the following changes.

    Makes organizational changes to the act to set forth the proposed changes to GS 9-6(b) and (e) in Section 1 (previously, in Sections 1 and 4).

    Amends proposed GS 9-6.2 to no longer limit the record retention requirement of superior court clerks regarding jury excusal requests to those based on a disqualification under GS 9-3. Instead, requires record retention of all requests for excusal from jury duty based on disqualification to serve. Additionally, more specifically requires the records to be retained as described in GS 9-2 (concerning preparation of master jury list), and permits destruction of the records by the superior court clerk at the end of each fiscal biennium as described in GS 9-2. Regarding the clerk's requirement to quarterly report certain disqualifications to the State Board of Elections (State Board), more narrowly requires the reporting of persons disqualified from jury duty because the person is not a citizen of the United States (previously, required reporting disqualifications due to citizenship, residency, or criminal history as described in GS 9-3), to be used to conduct efforts to remove names from its list of registered voters. Requires the State Board to retain the electronic records for four years (was, two years), and deems the records retained by the State Board public records. Allows the State Board to destroy the records when they are no longer public records (previously, allowed the superior court clerk to destroy the records at the end of each biennium).

    Makes conforming changes to GS 163A-877, regarding list maintenance by county boards of elections, to include using the report distributed by the State Board relating to records of excusals from jury duty based on disqualification due to the person not being a citizen of the United States (rather than disqualification based on citizenship, residency, or criminal history as described under GS 9-3) to conduct systematic efforts to remove the names of ineligible voters from the official lists of eligible voters. Adds that records retained by a county board of elections are public records, which must be retained for four years, and can be destroyed when they are no longer public records. Makes conforming deletions. Eliminates the proposed change to subsection (d) that set forth a separate directive requiring county boards to remove a person from its list if the person is included on a report of excusals based on disqualification due to residency outside of the county received under GS 9-6.2 (now amended to no longer require a report for disqualification due to residency) upon verification that the registrant does not reside outside of the county. 


  • Summary date: Jun 27 2019 - More information

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

    Maintains existing law in GS 9-6(b), which requires chief district court judges to promulgate rules for the chief, or any district court judge designated by the chief (previously, any district court judge), to receive, hear, and pass on applications for excuses from jury duty.

    Further amends GS 9-6.1 to make a technical change.

    Makes clarifying changes to proposed GS 9-6.2 and the proposed changes to GS 163A-877, to specify that the referenced disqualification due to citizenship, residency, or criminal history are as described in existing law, GS 9-3.


  • Summary date: Apr 10 2019 - More information

    Senate amendment #1 makes the following changes to the 2nd edition.

    Makes clarifying changes to the proposed changes to GS 9-6 to refer to the clerk of superior court (rather than clerk) and include in the authorized delegation of duties to the clerk of superior court passing on applications (rather than passing applications) for excuses from jury duty. Makes additional clarifying changes to refer to the clerk of superior court.

    Amends proposed GS 9-6.2 to require the clerk to quarterly report the information electronically to the State Board of Elections (previously also included reporting to the local board of elections) for use in its efforts to remove names from its list of registered voters in accordance with GS 163A-877. 

    Amends GS 163A-877 to require the State Board of Elections (State Board) to distribute to the county boards of elections the names on the quarterly report from the clerk of superior court under GS 9-6.2 of individuals registered to vote in that county who were excused from jury duty based on disqualification due to citizenship, residency, or criminal history. Requires each county board to use the report upon receipt in conducting systemic efforts to remove the names of ineligible voters from the official lists of eligible voters pursuant to the statute. Adds that, upon receipt of notice of excusal from jury duty based on criminal history under the new provision, after 30 days' written notice to the voter at the voter's registration address and upon no objection from the voter, the county can remove the person's name from its registration records. Adds that the county is required to remove a person from its list if the registrant is included on a report under GS 9-6.2 of excusals from jury duty based on disqualification due to residency outside of the county. Requires verification by the county board that the registrant does reside outside of the county prior to removal. Makes clarifying and technical changes.


  • Summary date: Apr 3 2019 - More information

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

    Amends GS 9-6 and GS 9-6.1 to allow chief district court judges to delegate the authority to receive, hear, and pass applications for excuses from jury duty to the clerk of superior court, after consultation with and consent of the clerk. Makes technical and clarifying changes to the statutes, and makes language gender-neutral.

    Amends proposed GS 9-6.2 to require the clerk of superior court to maintain records of excusals from jury duty, as previously specified, for the remainder of the biennium (was, for no less than two years from the date of excusal). Now requires the clerk to record the person's name, address provided, reason for disqualification, and the date of the disqualification if the person is disqualified from jury duty due to age, citizenship, residency, or criminal history (previously instead referenced reasons relating to qualifications under GS 163A-841). Requires the clerk to report the information electronically to the local board of elections and the State Board of Elections (was only the State Board of Elections and did not specify electronic records). Adds a new requirement for the State Board of Elections to retain the electronic record for two years. Adds a new provision to authorize the clerk to destroy the records at the end of each biennium. Adds a provision to clarify that the statute does not restrict the authority of a local board of elections or the State Board to determine a person's eligibility to vote.

    Changes the act's long title.


  • Summary date: Mar 13 2019 - More information

    Enacts GS 9-6.2 to require the clerk of superior court to keep a record of the name, address, and reason for the excusal request of every person excused from jury duty based on disqualification(s) under GS 9-3 (qualifications of prospective jurors). Records must be maintained for no less than two years from the date of excusal. Provides that these records are not public records under GS 132-1. Additionally, if a person is excused from jury duty for a reason related to qualifications under GS 160A-841 (Qualifications to vote; exclusion from electoral franchise), the clerk must provide a record of the person's name, address, reason for excusal, and the date of excusal to the State Board of Elections. Provides that these records are public records under GS 132-1. 

    Makes a conforming change to GS 9-6(e) to require the clerk of superior court to keep a record of excuses separate from the master jury list in accordance with GS 9-6.2, as enacted by this act.

    Directs the Administrative Office of the Courts to amend the Rules of Recordkeeping to include procedures necessary to implement the new law. 

    Effective January 1, 2020.


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