VARIOUS ELECTIONS CHANGES (NEW).

Printer-friendly: Click to view
View NCGA Bill Details2023-2024 Session
Senate Bill 88 (Public) Filed Thursday, February 9, 2023
AN ACT TO REQUIRE COUNTY BOARDS TO CHALLENGE BALLOTS OF INELIGIBLE VOTERS DUE TO DEATH OR FELONY CONVICTION; TO REQUIRE THE DISCLOSURE OF THE USE OF ARTIFICIAL INTELLIGENCE IN ADVERTISEMENTS PORTRAYING MISLEADING OR FALSE CONTENT; TO REQUIRE SIGNATURE VERIFICATION FOR EXECUTED ABSENTEE BALLOTS BEFORE THE BALLOT IS ACCEPTED BY COUNTY BOARDS OF ELECTIONS, BEGINNING IN 2025; TO EXPAND THE PILOT PROGRAM FOR SIGNATURE VERIFICATION ON EXECUTED ABSENTEE BALLOTS THROUGH THE 2024 GENERAL ELECTION; AND TO DELAY THE EFFECTIVE DATE OF ALTERATIONS TO FORMS OF GOVERNMENT FOLLOWING ENACTMENT OF A LOCAL ACT.
Intro. by Daniel, P. Newton, Hise.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Jun 26 2024)

SOG comments (2):

Identical bill

Identical to H 304, filed 3/7/23.

Long title change

The Senate committee substitute to the 1st edition change the act's long title. The previous title was: 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.

S 88

Bill Summaries:

  • Summary date: Jun 26 2024 - View Summary

    Senate amendment #2 make the following changes to the 2nd edition. 

    Replaces “real person” with “individual” in the proposed language of GS 163-278.39(a)(5).

    Reletters to “(d)” the new subsection in GS 160A-3.

     


  • Summary date: Jun 20 2024 - View Summary

    Senate committee substitute replaces the contents of the 1st edition in its entirety with the following. Makes conforming changes to the act's titles.

    Section 1

    Amends GS 163-182.5 (concerning canvassing votes) so that prior to 5:00 pm on the third business day before the canvass meeting, the county board of elections, must, in a uniform manner, review official records (defined) of the names of residents of the State who are deceased and who are serving felony sentences and compare those records to the records of voters who cast a ballot during early voting or cast an absentee ballot in the county. The county director of elections, or his or her designee must challenge the ballot, whether cast during early voting or by absentee ballot, of any voter identified through these records who was not eligible on the day of the election by reason of death or felony conviction.

    Section 2

    Adds generative artificial intelligence (AI) to definitions provision GS 163-278.38Z (governing disclosure requirement for media adverts). Increases the basic disclosure requirements for all political advertisements to include in any ad created  in whole or in part with the use of generative AI if the generated content appears to depict a real person performing  an action that did not actually occur, was created to injure candidate or deceive regarding a ballot issue, or provides false or misleading information to a voter, that the sponsor discloses the use of generative AI. The advertisement must bear the legend or include the statement: "The content in this advertisement has been edited or created in whole or in part with the use of generative AI." In television advertisements, this disclosure must be made by visual legend. Includes failure to include any required statement or bear a required legend as one of the violations of the statute that constitutes a Class 1 misdemeanor.  Effective July 1, 2024, and applies to offenses committed on or after that date.

    Section 3

    Requires the State Board of Elections (Board) to require that county board of election use signature verification software to check the signatures of voters noted on executed absentee ballots before they are accepted by county boards under GS 163-231 (concerning transmission of voted absentee ballots to the county board of elections). Effective July 1, 2025, and applies to elections held on or after that date.

    Section 4

    Amends Section 48 of SL 2023-140 to extend the pilot program on signature verification on executed mail-in absentee ballots to the 2024 general election. Directs that for the 2024 primary, the selected county boards of elections must conduct the signature matching for all  mail-in absentee ballots that  were counted by the county board during that primary. For the 2024 general election, the selected county boards of elections must conduct the signature matching for all mail-in absentee ballots as the applications are approved by the county board. Extends the Board’s reporting deadline from May 1, 2024 to January 29, 2025. Makes conforming changes.

    Section 5

    Adds new GS 153A-65 (counties) and GS 160A-112 (cities), concerning limits on each local government entity’s authority to modify the structure of its governing board to specify that it may only exercise such authority if the alteration is effective the election subsequent to the return of the next federal decennial census after the effective date of the local act. Amends GS 153A-3 (effect of Chapter on local acts) to specify that the statute does not apply to any local act altering any of the optional structures set forth in GS 153A-58 (optional structures of county government). Amends GS 160A-3 (general laws supplementary to charters) so that the statute is not applicable to any local act altering any of the optional structures set forth in GS 160A-101(4)-(8) (concerning terms, number of members, mode of election, elections, and selection of mayor of the town council). Applies to local acts enacted on or after the date the act becomes law.


  • Summary date: Feb 13 2023 - View Summary

    Clarification: Among the changes made to GS 163-231(b)(2), removes the requirement that absentee ballots received after 7:30 by the county board of elections on the day of the statewide primary or general election or county bond election be accepted 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 no later than three days after the election by 5:00 pm. 


  • Summary date: Feb 9 2023 - View Summary

    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). Amends (b)(2) to allow for absentee ballots not received by that specified time to be accepted if, in lieu of being required by federal law, 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. Also requires 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 163-234 and GS 163-89.

    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 7:30 p.m., the time provided in GS 163-231(b) 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. Makes language gender-neutral.

    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 properly 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.

    Amends GS 163-89 to specify that an absentee ballot received by the county board under GS 163-231(b)(1) 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 than 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).

    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.