Bill Summary for H 580 (2025-2026)
Printer-friendly: Click to view
Summary date:
Bill Information:
View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE VARIOUS ELECTIONS LAW CHANGES, AS RECOMMENDED BY THE NORTH CAROLINA STATE BOARD OF ELECTIONS.Intro. by Dahle, Baker, Buansi, Rubin.
View: All Summaries for Bill | Tracking: |
Bill summary
Part I.
Amends GS 163-228 to make confidential any information the State Board of Elections (State Board) or county board possess that would disclose that an identifiable voter has requested an absentee ballot, to become a public record upon the opening of the voting place, unless otherwise protected from disclosure by law.
Amends GS 163-233 to require the county board of elections (county board) to also create a list of applications made for absentee ballots received and approved (was, received) by the county board; the list is a public record.
Part II.
Amends GS 163-182.2, as amended, by amending the process for counting ballots cast on election day as follows. Now requires that counting of ballots cast during early voting begin at 5:00 pm on election day: however, allows counting to begin between the hours of 9:00 am and 5:00 pm on election day if a resolution has been adopted at least two days before the election stating the hour and place of counting the ballots. Requires such a resolution to be posted on the county board's website and distributed to all persons required to receive notice under GS 143-318.12(b)(2) (notice of public meetings except emergency meetings). Prohibits the county board from announcing the result of the count before 7:30 pm on election day. No longer specifies the time of day for counting provisional official ballots. Allows counties to review provisional ballots cast during early voting for approval and take steps to prepare for the count before election day with the same procedures used for absentee ballots, as long as those steps do not reveal election results to any person not engaged in the actual count before 7:30 pm on election day. Adds that when a person has voted on a provisional official ballot after completing an affidavit because of failure to have adequate photo identification and the county board has not found the affidavit to be valid by the required time for counting provisional ballots because the board believes the affidavit is false, then the board must determine whether to count the provisional official ballot by the county canvas.
Amends GS 163-230.1, as amended, to consider an absentee ballot return envelope with a curable deficient that is transmitted to the county board, if cure documentation is received by 12:00 pm on the fourth (was, third) business day after the election. Amends the time period during which the county board must hold public meetings to act on absentee ballot applications so that it is the fifth Tuesday before an election through election day (previously no end date was specified) in any election in which absentee ballots are authorized, with meetings held each Tuesday. Amends the notice that the county board must give if it changes the time of the meeting or adds additional meetings, so that now the notice must be posted on the county board’s website and distributed to all persons required to receive notice under GS 143-318.12(b)(2) at least two day before the meeting (was, must be published in a newspaper circulated in the county at least 30 days before the election).
Amends GS 163-234, as amended, to prohibit the county board from adjourning its meeting to county absentee ballots until the count is complete. Allows the absentee ballot counting to begin between 9 am and 5 pm upon the adoption of a resolution at least two days before the election in which the hour and place of counting must be stated. Requires such a resolution to be posted on the county board's website and distributed to all persons required to receive notice under GS 143-318.12(b)(2) (was, replaces requirements for publication in a newspaper or on a radio or tv station for specified periods of time). Requires that the county board also count absentee ballots that have cured deficiencies during its meeting to count absentee ballots that happens after the election and before canvass; makes conforming changes.
Part III.
Amends GS 163-41 concerning the appointment of precinct judges and chief, to provide that the appointment of a person who is a nonresident of the precinct ends if the county board appoints a qualified resident regardless of party affiliation if the nonresident was unaffiliated, to replace the nonresident judge/chief judge. Adds that no more than one judge in each precinct can be appointed upon the recommendation of the same political party that recommended the chief judge. Makes changes to the process for recommending people for appointment as chief judge or judge so that the chair of each of the two political parties in the county having the greatest number of registered voters in the State recommend four registered voters who meet the specified qualifications. Changes the voting threshold for the process under which the party chairs’ recommendations are insufficient and the county board must name judges, to require a bipartisan majority vote (was, unanimous vote). Also amends the process for filling vacancies in the chief judge or judge positions. Makes additional clarifying and technical changes.
Amends GS 163-42 as follows. Removes the prohibition on appointing no more than two assistants in precincts with 500 or less registered voters. Amends the process for recommending precinct assistants so that the chair of each of the two parties in the county having the greatest number of registered voters in the State can recommend up to 10. Changes the voting threshold for the process under which the party chairs’ recommendations are insufficient and the county board must name assistants, and for the appointment of emergency election-day assistants, to require a bipartisan majority vote (was, unanimous vote). Removes the prohibition on appointing nonresidents of the precinct to a majority of the precinct assistant positions in a precinct. Removes the provision requiring the State Board to determine for each election how many emergency election day assistants each county can have. Changes the requirements for the party apportionment of emergency election day assistants.
Part IV.
Amends GS 163-16 concerning the acceptable forms of photo identification when voting to require various forms of identification, no longer requiring them to be identification cards. Makes conforming changes to GS 163-166.17 (use of UNC and community college identifications) and GS 163-166.18 (use of employee identifications).
Part V.
Amends GS 163-55 by adding that a voter is not subject to challenge if the voter was qualified to cast the ballot at the time it was received by the county board; provided, however, that a voter who casts a ballot in a general election before turning 18 but who will be as of the date of the general election must not be disqualified on account of age.
Part VI.
Enacts new GS 163-90.4 requiring the State Board, after each election, to conduct a statewide audit to identify absentee ballots and ballots cast during early voting that are ineligible to be counted and give the results to the county boards by 5:00 pm on the fourth business day before canvass. Requires the county boards to review the audit, analyze their voter records, and serve a challenge by 5:00 pm on the third business day before the canvas on any voter that the county board has determined has cast an ineligible ballot.
Part VII.
Amends GS 163-22 by amending the conditions under which a resolution can authorize the State Board to reduce the time by which absentee ballots must be printed and distributed from the election from 50 days to 45 days, only if unforeseen circumstances make compliance with the 50 days impracticable (was, limited to primary elections and with certain allowances for the general election and didn’t require unforeseen circumstances).
Amends GS 163-113 by adding that in an election of presidential electors, if a candidate is nominated by a political party, only the political party making the nomination can withdraw the nomination, and the political party executive committee must certify that withdrawal in writing to the State Board before the first day on which military and overseas absentee ballots are transmitted to voters.
Amends GS 163-114 by amending the process for filling a vacancy in the nomination of a candidate for one of the listed offices when the candidates dies, resigns, or becomes ineligible, by removing provisions that apply when nomination is made after ballots have been printed, and provision that applies when vacancies occur due to a cause other than death and is more than 120 days before the general election.
Enacts new GS 163-115.5 requiring the board with jurisdiction over a ballot item under GS 163-182.4 (setting our jurisdictions of county boards and the State Board) to remove a candidate from the general election ballot if the board receives notification no later than 20 days before absentee ballots are authorized to be distributed for the general election, that the candidate has died, withdrawn, or for any reason has become ineligible or disqualified. Allows (except as provided in GS 163-113) either the candidate or the relevant executive committee of the candidate's political party, if the candidate is a nominee of the party, to provide the required notice. Allows the nominee's name to be replaced on the ballot only if the replacement has been certified to the board by 20 days before absentee ballots are authorized for distribution for the election. Specifies existing provision that apply if the withdrawal, disqualification, or replacement occurs later than 20 days before absentee ballots are authorized for distribution for the general election. Requires when a vacancy in office occurs and that vacancy requires an election to fill the unexpired term without a candidate filing period, any nominees authorized for the election to be certified to the board of elections with jurisdiction over a ballot item under no later than eight days before absentee ballots are authorized for distribution for the election. Excludes from this statute GS 103-5(a) (allowing when the day or the last day for doing any act required or permitted by law to be performed in a public office or courthouse falls on weekend or holiday when the public office or courthouse is closed, the act may be performed on the next day that the public office or courthouse is open). Amends GS 163-115 the provisions related to obtaining nominations when the vacancy is for clerk of superior court, an elective State or district office other than US House, county board of commissioners, or US Senator to require that those nominations be subject to the deadlines in new GS 163-115.5. Also makes conforming changes to GS 163-122, GS 163-165.3, and GS 163-294.1.
Amends GS 163-227.10 to require absentee ballots be provided 50 days before the date on which any election is conducted (was, applicable only to elections other than the statewide general election, which required ballots to be provided 60 days before election). Requires for second primaries that the county board provide absentee ballots no later than 45 days before the second primary.
Amends GS 163-229 to require the county board to print absentee ballot envelops no later than 50 days before an election (was, 60 days before a general election and 50 days before a statewide primary). Makes conforming changes to provision of the instruction sheets.
Amends GS 163-230.1, as amended, by changing the timing for mailing applications and absentee ballots to no earlier than 50 days before an election.
Amends GS 163-258.9 to require the county board to transmit a ballot to voters who submit a military-overseas ballot application by 50 days before any election, unless 45 days is allowed by the State Board or there is an appeal that has not been conclude, in which case the county board must provide the ballots as quickly as possible upon the conclusion of that appeal. Requires for a second primary (was, only a second primary that includes a candidate for federal office) that the county board transmit a ballot by no later than 45 days before the second primary.
Part VIII.
Amends GS 163-209 to require that that the names of the electors of President and Vice-President be filed with the Secretary of State no later than 60 days before the general election. Requires the names of the candidates for President and Vice-President nominated by a recognized political party or who has qualified as an unaffiliated candidate to be filed with the State Board by 60 days before the general election, and for those names to be printed on the ballot.
Part IX.
Amends GS 163-278.10A by increasing the threshold for exempting certain candidates from financial reporting from contribution of $1,000 or less, to $3,000 or less, also expands upon those candidates to include district court judges and superior court judges. Makes conforming changes.
Part X.
Amends GS 163-278.12 to require filing a statement of independent expenditure for those in excess of $1,000, (was, $100).
Part XI.
Amends GS 163-221 to a prohibition on compensating a person based on the number of signatures collected on a petition calling for any election or referendum. Amends GS 163-274 to make it a Class 2 misdemeanor to compensate a person based on the number of signatures obtained on such a petition.
Part XII.
Amends GS 163-96, defining political party to require a petition for the formulation of a new political party to be submitted to the State Board by noon on the first day of May (was, June). Specifies that the petition for the creation of a new party must be on a form that is prescribed by the State Board. Requires the petitions to be submitted to the chair of the county board where the signatures were obtained by the specified time on the 30th day (was, 15th day) preceding the date the petitions must be filed with the State Board; requires verification to be completed within four weeks instead of two.
Amends GS 163-122 (concerning unaffiliated candidates nominated by petition) as follows. Modifies the deadline for filing written petitions for statewide candidacy, district offices under the jurisdiction of the State Board, General Assembly seats in which the district lies in more than one county, and offices for superior court judge or district court judge from noon on the date of the primary election to 5:00 pm on the twentieth business day after canvass of the primary. Requires the State Board to determine the sufficiency of such petitions and to immediately communicate that decision to the petitioning candidate. For all other candidates other than offices for superior court judge or district court judge requires petitions for statewide candidacy to be presented to the chair of the County Board by noon on the day of the primary election. Specifies that those petitions only contain the names of registered voters in that county. Requires the chair to complete the verification and return it to the person from the State Board who presented it for checking by no later than 15 days after the canvass of the primary. Removes option for verification through Executive Director of the State Board. Changes the deadline for filing petitions of candidacy for partisan municipal office to noon on the day of the primary (was, timeframe set under GS 163-296). Requires the County Board to verify the filed petition within 15 days of the primary (was, the canvas). Makes conforming changes. Removes candidate filing deadline for unaffiliated candidates in cities conducting partisan elections set forth in GS 163-296 (nominations by petition) so that such filing deadlines are instead governed by GS 163-122.
Part XIII.
Requires notices of assessment to contain information about filing good cause waivers of the civil penalties for late filing imposed by GS 163-278.34, to be requested within the time specified. Provides for notice if the State Board does not find good cause. Requires notices of assessment of civil penalties for illegal contributions and expenditures to contain information about contesting the assessment within the specified timeframe. Makes technical changes.
Part XIV.
Changes the election dates for the following primaries, elections, or runoff elections, for offices filled by election of the people in cities, towns, incorporated villages, and special districts set forth in GS 163-279: (1) if the election is nonpartisan and the nonpartisan primary method of election is used, changes the nonpartisan primary date from the fourth Tuesday before the election to the second Tuesday after Labor Day and (2) if the election is nonpartisan and the election and runoff election method of election is used, changes the election date from the fourth Tuesday before the Tuesday after the first Monday in November to the second Tuesday after Labor Day.
Part XV.
Amends the provisions in GS 163-20, as amended by SL 2024-57, pertaining to meetings of the State Board to investigate alleged violations of GS Chapter 163, by now giving the State Board the discretion to hear such matters in the county (was, required to meet in that county) where the violations are alleged to have occurred and requires the prior request of any three members. Makes conforming changes.
Part XVI.
Provides a separate filing deadline in GS 163-89 of no later than two business days after the primary or election for challenges to absentee ballots in a municipal primary or election conducted under Article 24 of GS Chapter 163, where the canvass is to be held on the seventh day following the primary or election.
Part XVII.
Replaces references to “precinct” with “precinct, ward, or other election district,” in GS 163-55. Now specifies every person born in the United States, and every person who has been naturalized, and who shall have resided in the State of North Carolina and in the precinct, ward, or other election district in which the person offers to vote for 30 days next preceding an election, will, if otherwise qualified, be qualified to vote in any election held in this State (was, qualified to vote in the precinct in which the person resides). Specifies that if an election district encompasses more than one precinct, then for purposes of those offices to be elected from that election district, a person will also be deemed to be a resident in the election district which includes the precinct in which that person resides. Authorizes an election district to include a portion of a county, an entire county, a portion of the State, or the entire State. Directs that when a precinct has been divided among two or more election districts for purposes of elections to certain offices, then with respect to elections to those offices, a person is deemed to be a resident in only that election district which includes the area of the precinct in which that person resides.
Now also requires a county board to count an individual's provisional official ballot for all ballot items on which it determines that the individual was eligible under State or federal law to vote, as part of the conditions under which a person can cast a provisional ballot under GS 163-166.11. Amends GS 163-182.2(a)(4), as amended by Section 3A.4(e) of SL 2024-57, as follows. If the county board finds that an individual voting a provisional official ballot is not eligible to vote in one or more ballot items on the official ballot, the board cannot count the official ballot in those ballot items but must count the official ballot in any ballot items for which the individual is eligible to vote (was, except as provided in GS 163-82.15(e), if the county board finds that an individual voting a provisional official ballot (i) did not vote in the proper precinct (ii) is not registered in the county as provided or (iii) is otherwise not eligible to vote, required that the ballot not be counted, without any examination of individual ballot items). Makes technical and organizational changes.
Amends GS 163-59 to allow a person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary to register and vote in the primary and general election on the day thereof pursuant to GS 163-82.6B (same-day registration). Clarifies that the registration deadlines for primaries or election in GS 163-82.6 apply except to the extent the same-day provisions under GS 163-82.6B apply. Authorizes preregistration to vote under GS 163-82.1 (general principals of voter registration) for a person who is at least 16 years of age but will not be 18 years of age by the date of the next election and who is otherwise qualified to register. Directs that the person will be automatically registered upon reaching the age of eligibility following verification of the person's qualifications and address in accordance with GS 163-82.7. Requires the State Board to develop a preregistration form in GS 163-82.3. Makes conforming changes to the contents of an application form in GS 163-82.4 to GS 163-82.19(a) (voter registration at drivers license offices), GS 163-82.20 (voter registration at other public agencies) and GS 163-82.23 (voter registration at high schools) to account for preregistration. Makes technical changes.
Part XVIII.
Expands the definition of a covered voter under the Uniform Military and Overseas Voter Act to include a voter who is registered to vote in this State and who has been deployed by the voter's employer away from the voter's county of residence to respond to a disaster declared by the Governor or the President of the United States within 60 days before an election.
Part XIX.
Applies to elections held on or after the act becomes law.