Bill Summary for H 836 (2015-2016)

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Summary date: 

Apr 27 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 836 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROVIDE REGULATORY RELIEF FOR LOCAL GOVERNMENTS BY AUTHORIZING CITIES TO RESERVE CERTAIN EASEMENTS WHEN PERMANENTLY CLOSING STREETS AND ALLEYS; TO REPEAL THE REQUIREMENT FOR LICENSING OF GOING OUT OF BUSINESS SALES BY LOCAL GOVERNMENTS; TO AUTHORIZE ELECTRONIC SUBMISSION OF ABSENTEE BALLOT LISTS BY COUNTY BOARDS OF ELECTIONS; TO AUTHORIZE THE USE OF NEW TECHNOLOGY FOR PAPER BALLOTS; TO EXTEND THE TIME FRAME TO IMPLEMENT THE REQUIREMENT FOR PAPER BALLOTS FROM JANUARY 1, 2018 TO SEPTEMBER 1, 2019, FOR COUNTIES THAT USE DIRECT RECORD ELECTRONIC VOTING MACHINES FOR CURRENT VOTING REQUIREMENTS; TO AUTHORIZE CERTAIN MUNICIPALITIES TO CONDUCT MALT BEVERAGE AND UNFORTIFIED WINE ELECTIONS; TO REQUIRE COUNTY BOARDS OF ELECTIONS TO NOTIFY A REGISTERED VOTER OF THE OPTION TO COMPLETE A WRITTEN REQUEST FOR AN ABSENTEE BALLOT AT A ONE-STOP VOTING LOCATION WHEN THE VOTER PRESENTS WITHOUT AN ELIGIBLE FORM OF PHOTO IDENTIFICATION; TO AUTHORIZE VOTERS WHO SUFFER FROM A REASONABLE IMPEDIMENT PREVENTING THE VOTER FROM OBTAINING PHOTO IDENTIFICATION TO COMPLETE REASONABLE IMPEDIMENT DECLARATIONS WHEN VOTING; TO REMOVE TERM LIMITS FOR SERVICE ON THE BOARD OF EDUCATION OF ALEXANDER COUNTY; AND TO REQUIRE ELECTRONIC POLL BOOKS TO BE CERTIFIED BY THE STATE BOARD OF ELECTIONS.
Intro. by Robinson, Bishop, Fraley

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Bill summary

House committee substitute makes the following changes to the 1st edition:

Amends the long title.

Amends GS 163-232.1(c) to provide that ballots must be submitted electronically in a manner approved by the State Board of Elections (was, submitted electronically by means of the State Election Information Management System or its successor). 

Amends GS 163-165, making clarifying changes to the definition for a ballot. Also adds language to the definition for official ballot, establishing that it can also include ballots indicating choices of an individual voter selected electronically and printed in the voting place. 

Amends GS 163-165.5, Contents of official ballots, making clarifying changes and adding new subsection (b) which provides that an official ballot created and printed by use of a voting system in the voting place must be counted if four specified conditions apply, including that the voter is capable of reviewing the printed official ballot, and voiding that ballot, prior to casting that voter's ballot.  

Amends GS 159-28, Budgetary accounting for appropriations for local governments, adding language that clarifies that nothing in this statute requires a contract to be reduced to writing. Makes organizational changes and provides that written obligations or those obligations evidenced by a written purchase order for materials and supplies must include on its face a certificate stating that the instrument has been preaudited to assure compliance with the section. Deletes language which provided an exception for obligations or documents that had been approved by the Local Government Commission. Adds subdivision (4) to subsection (d) providing that a local government and public authority can make certain payments in cash if an ordinance authorizing such form of payment has been adopted. Amends (d2) to provide that a finance officer is presumed to be in compliance with the statute if the officer complies with the rules adopted by the Local Government Commission. Adds language to subsection (e) concerning penalties, providing that the governing board must determine, by resolution, if payment from the official bond will be sought as well as a judgment from the finance officer or appointed deputy finance officer for deficiencies in the amount. Sets out exemptions for the certification requirements of subsections (a1) and (d). Makes technical, conforming, and clarifying changes. Deletes outdated language and references. Effective July 1, 2015, applying to expenditures incurred on or after that date. 

Amends the effective date clause to provide that unless otherwise noted, the act is effective when it becomes law.