VOTER FREEDOM ACT.

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View NCGA Bill Details2017-2018 Session
House Bill 303 (Public) Filed Thursday, March 9, 2017
AN ACT REGARDING THE REQUIRED PROOF SUFFICIENT TO CHALLENGE A PERSON'S ELIGIBILITY TO VOTE.
Intro. by Pierce.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House Action) (Mar 13 2017)

Bill History:

H 303

Bill Summaries:

  • Summary date: Mar 9 2017 - View Summary

    Identical to S 228, filed 3/9/17.

    Includes several whereas clauses.

    Amends GS 163-85, setting out the procedure to challenge the right of any person to register, remain registered, or vote other than on the day of a primary, general, or special election, to establish that any registered voter of the precinct can challenge the voting rights of any person in the same precinct in accordance with the statute (currently, refers to the county instead of precinct).

    Under current law, presenting a returned first-class letter from the address listed on a person's voter registration card is prima facie evidence that the voter no longer resides in the precinct. Establishes that evidence of a returned mailing, on its own and absent affirmative proof, is not sufficient to sustain the burden of proof required under GS 163-90.1 in either a preliminary hearing under GS 163-85(d) or a challenge hearing under GS 163-86.

    Prohibits sustaining a challenge on the basis of a change in residency except by (1) written confirmation of the registrant of a change that renders the registrant ineligible to vote in the county, (2) notification from another county or state that the registrant have registered to vote in that county or state, or (3) exhaustion of the notice provisions required by the National Voter Registration Act.

    Amends GS 163-86 by amending the language of the oath, setting forth the oath or affirmation and submission of an affidavit required of a challenged registrant at a challenge hearing, to allow the challenge to be sustained if the challenged registrant refuses to take the tendered oath or submit the required affidavit only if the board of elections determines from evidence at the hearing that the challenged registrant received actual notice of the challenge and the hearing. Further provides that in the absence of a determination that the challenged registrant received actual notice of the challenge and the hearing, the board of elections must review the registration of the voter for inclusion in the list maintenance process under GS 163-82.14.

    Amends GS 163-90.1, concerning the burden of proof of a challenger, to allow a challenge to be made only if the challenger knows or reasonably believes a person is not qualified and entitled to vote (currently, can also challenge if challenger suspects a person to not be qualified and entitled to vote). Adds a new requirement that the challenger must demonstrate to the board of elections the basis for which the challenger knows or reasonably believes the person is not qualified or entitled to vote. Makes conforming changes to provide that evidence of a returned mailing as set out in GS 163-85(e) is not on its own sufficient to constitute demonstrated knowledge and belief of a person's qualifications to vote, nor is it sufficient on its own to constitute the affirmative proof required for a challenge to be sustained under GS 163-90.1. Establishes that the challenged registrant's name can not be released nor is it public record until the challenger demonstrates to the board of elections the burden of proof required by this statute to establish the likelihood the challenge will be sustained. 

    Applies to elections held on or after the date the act becomes law.