Senate committee substitute to the 2nd edition changes the act’s long and short titles, deletes the content of the previous edition, and replaces content with the following.

Part I

Extends the time a voter has to: (1) correct a voter registration form under GS 163-82.4(f); (2) provide identification when ID numbers don’t match under GS 163-166.12(d); and (3) provide identification when they voted by provisional ballot since they did not have the requisite ID at the polls under GS 163-166.16(c) from 12 PM on the third business day after an election to 12 PM on the fifth business day after that election. 

Amends GS 163-166.11 so that if a provisional official ballot cast does not contain the voter’s signature on the affidavit to verify the voter’s identity and eligibility to vote, the county board must notify the voter by mail and by telephone or email (if provided by the voter) of the missing signature by close of the next business day following review of the ballot to provide the voter with an opportunity to cure the lack of signature. Provides that notifying voters regarding the lack of signature is an administrative task that can be performed by staff and does not have to be performed at a meeting of the county board. Directs the county board to count any portion of the provisional ballot if the lack of signature is cured by at least 12 PM on the fifth business day after the election. Amends GS 163-166.16 to also contain these provisions. 

Recodifies GS 163-182.2(a)(4) (county board findings on provisional ballots pertaining to precinct voting) as GS 163-182.2(a2) and GS 163-182.2(a)(6) (county board recounts) as GS 163-182.2(a3).

Further amends GS 163-182.2(a) to provide that initial counting of official ballots cast at the precinct on election day shall be conducted according to three separate principles: (1) vote counting shall occur immediately after the polls close and continuously until completed; (2) vote counting shall be conducted with the participation of precinct officials of all political parties then present; and (3) any member of the public shall be allowed to witness the vote count. Directs precinct officials to preliminarily report vote counting to the county board as quickly as possible.

Adds subsection GS 163-182.2(a1) to set out four separate principles for initial counting of official ballots cast under GS Chapter 163’s Article 14A, Part 5 (early voting): (1) vote counting must occur between the hours of 9 AM and 5 PM on election day at the hour and place stated in a resolution adopted by the county board at least two weeks prior to the time the voting place opens and the county board is prohibited from revealing the result of the count prior to the close of polls on election day; principles (2) and (3) are the same as principles (2) and (3) of subsection (a) above; and (4) county boards may review for approval any provisional official ballots and may take preparatory steps for the count of such ballots at a meeting held before election day, pursuant to a resolution adopted by the county board at least two weeks in advance of the meeting, as long as the preparatory steps do not reveal the result of the count prior to the close of polls on election day.

Amends recodified GS 163-182.2(a2) to provide that where an individual has voted a provisional official ballot after completing an affidavit under GS 163-166.16(d) and the county board found reason to believe the affidavit is false within five business days after the election, the county board must determine whether to count the ballot by the date of the county canvass.

Adds subdivision GS 163-182.2(a4) to set out notice requirements for any resolution required by this Part.

Amends GS 163-230.1(e1) to require any container-return envelope with a curable deficiency transmitted to the county board to be considered timely if the cure documentation is received by 12 PM on the fifth (was, third) business day after the election. Provides that the voter must be notified of curable deficiencies by the close of the next business day after the county board reviews the ballot.

Amends GS 163-231 (voting absentee ballots and transmitting them to the county board) to allow a visually impaired voter to submit the voter’s absentee ballot through accessible absentee portal. Amends the definition  of delivered in person for purposes of this statute and requires individual other than voter who delivers voter’s ballot to complete an affidavit establishing the deliverer as the voter’s near relative or verifiable legal guardian. Makes organizational and technical changes. Provides that only executed absentee ballots transmitted to the county board in accordance with this statute shall be counted and directs the State Board of Elections to adopt rules to implement this statute. Effective January 1, 2027, and applies to elections held on or after that date.

Amends GS 163-234 (counting absentee ballots by county board) to direct the county board to meet to count absentee ballots at time set out in resolution adopted by the board at least two weeks prior to the time the voting place opens, as long as that time is between 9 AM and 5 PM. Allows the county board to recess the meeting prior to completing the counting but prohibits adjournment until the counting is complete. Directs the State Board to adopt rules on how county boards reflect any recesses in meeting minutes. Provides that the county board shall not announce count results before the close of polls on election day. Provides that the county board may (was, shall) meet the day after the election to count absentee ballots upon adoption of an appropriate resolution. Extends time to announce absentee ballot tally to the fifth (was, 5 PM on the third) business day after the election. Makes organizational and technical changes.

Adds new subdivision GS 163-275(15) (certain acts declared felonies) to make it a Class I felony to knowingly reveal the result of any count of ballots prior to the close of polls on election day in accordance with GS 163-182.2 or GS 163-234. Effective when this provision becomes law; directs the State Board of Elections to notify all county boards of election and staff of this provision and applicability to offenses committed on or after that date.

Except where otherwise provided, effective when this Part becomes law and applicable to elections on or after that date.

Part II.

Adds new subsection GS 163-166.40(j) to require that, at the end of the early voting period, the county board ensures that all voting equipment used during the early voting period is unable to receive additional early votes and is maintained to count the tally of early ballots in accordance with GS 163-182.2(a1). Requires any paper ballots or electronic votes cast during the early voting period be preserved and locked in a secure space with controlled access as specified. Effective upon becoming law and applicable to elections held on or after that date.

Part III.

Amends GS 163-90.2(a) to provide that, for any challenge sustained for death of the voter, the challenged ballot shall not be counted if the voter died between the time the challenged ballot was cast and 11:59 PM on the day before the election. Effective upon becoming law and applicable to ballots cast on or after that date.

Part IV.

Amends GS 163-22(l) to provide that a person seeking review of a decision of the State Board of Elections may file a petition in the Superior Court of Wake County or the county where the person resides (was, only Wake County). Effective upon becoming law and applicable to actions filed on or after that date.

Part V.

Directs that for the time period that a Class C drivers license expiration date is extended in accordance with Section 18 of SL 2025-47 (imposing temporary moratorium on the expiration of certain Class C drivers licenses), that Class C drivers license are deemed valid and unexpired for the purposes of GS 163-166.16 (photo ID requirements for voting in person). Effective upon becoming law and expires on December 31, 2027.

Part VI.

Includes a severability clause.