Bill Summary for H 836 (2015-2016)

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Summary date: 

Jun 18 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

Conference report makes the following changes to the 4th edition.

Amends the long title.

Amends GS 160A-299, Procedure for permanently closing streets and alleys,  to allow a city to reserve a right, title, and interest in any improvements or easements within a street closed under the statute. Requires that the easement include utility, drainage, pedestrian, landscaping, conservation, or other easements considered to be in the pubic interest. Species that the reservation of an easement must be stated in the order of closing.

Repeals GS 66-77, which required a license to conduct a going-out-of-business or distress sale. Makes conforming changes. Effective July 1, 2015.

Amends GS 163-232, Certified list of executed absentee ballots; distribution of list, making technical changes. 

Amends GS 163-165.5, Contents of official ballots, making a technical change.  

Amends GS 163-165, deleting proposed changes made to the definition for official ballot. 

Further amends GS 163-165, effective January 1, 2018, adding language to the definition for ballot providing that a ballot is evidenced by an individual paper document bearing marks by the voter by hand or through electronic means, as specified. Deletes language that provided that the term ballot can include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic scanner, or a paper ballot used on any other voting system. Deletes the term and definition for paper ballot.  

Enacts GS 163-165.4B, Prohibited voting systems, providing that voting systems that do not produce or use a ballot cannot be used in referendums, primaries, or any other election, as far as being a means to vote or counting an official ballot. Effective January 1, 2018. Authorizes counties already approved to use the direct record electronic voting systems as specified to continue such use in accordance with SL 2013-381.

Deletes all of the changes made to GS 163-166.13 in the previous edition and amends GS 163-166.13(c) to establish additional options for voters that are not in compliance with the photo identification requirements for voting, including permitting the voter to complete a reasonable impediment declaration and vote a provisional ballot, as well as permitting the voter to complete a written request for an absentee ballot until the deadline for submission of absentee ballots. Further amends subsection (e), making clarifying changes to provisions which sets out characteristics of a valid photo identification for the purposes of voting. Adds new language that provides that learner's permits, provisional licenses, and special identification cards for nonoperators are acceptable photo identification, as long as they have a printed expiration date that is no more than four years before it is presented for voting. Makes organizational changes. Effective January 1, 2016, applying to primaries and elections conducted on or after that date. 

Amends GS 163-227.2, making clarifying changes and establishing that the county board of elections only has to notify voters that do not present an eligible form of photo identification of the option to complete a written request form for an absentee ballot until the deadline for submission of requests for absentee ballots has passed. Amends additional notice requirements, deleting a requirement that notice be issued that the completed form requesting an absentee ballot must be received by the county board of elections no later than 5:00 p.m. on the Tuesday before the election is held and of the option to complete the request using other specified documents or information. Adds the requirement that voters be notified of the option to request an absentee ballot to vote in that election, whether requested at that one-stop absentee location or as provided in GS 163-230.2. Deletes language that required voters to report their decision after being notified of the option to complete a written request for an absentee ballot. Deletes language previously found in GS 163-227.2(b1) concerning the requirement that the State Board of Elections make rules that require placing signs at all one-stop absentee voting locations that provide notice to voters of the option to complete a written request form for an absentee ballot as provided in new subsection (b1) of GS 163-227.2 and places it in new subsection (j), making technical and conforming changes. Effective January 1, 2016, applying to primaries and elections conducted on or after that date. 

Enacts new GS 163-166.15, Reasonable impediment declarations, allowing voters that do not comply with photo identification requirements because of a reasonable impediment to obtaining photo identification to vote a provisional ballot as provided for in this section. Requires the completion of a reasonable impediment declaration form and sets out three requirements that the voter must declare that they meet, including that they are the same individual that personally appeared at the polling place. Sets out additional identification requirements for voters that wish to vote a provisional ballot due to a reasonable impediment. Provides that even without the required identification, a voter can still submit a provisional ballot and have it counted as specified if they present the required identification to the county board of elections as specified in new GS 163-182.1B. Sets out requirements for the form and substance of the reasonable impediment declaration form. Effective January 1, 2016, applying to primaries and elections conducted on or after that date. 

Enacts GS 163-182.1B, Counting of provisional official ballots cast following completion of a reasonable impediment declaration when voting in person, setting out the processes and procedures for counting provisional ballots completed following a declaration of reasonable impediment. Establishes four conditions under which the provisional ballot will not be counted, including an impediment evidentiary challenge exists or the voter is disqualified from voting for other reasons provided by law. Establishes procedures for requesting an impediment evidentiary challenge and for the hearing of such a challenge by the county board of elections. Directs county boards of elections to provide to the State Board of Elections, within 60 days after each election, a report of all reasonable impediments identified in that election by voters. Amends GS 163-82.8(e), concerning voter registration cards, adding language that allows a county board of elections to notify a voter that a voter's registration card can be used to fulfill the identification requirement in conjunction with a reasonable impediment declaration. Effective January 1, 2016, applying to primaries and elections conducted on or after that date. 

Amends SL 2013-281, Section 5.3, concerning education and publicity requirements for new voter photo identification requirements, adding a subdivision requiring the State Board of Elections to educate the public in regards to the reasonable impediment declaration as well as use such information to identify and address obstacles to obtaining voter photo identification. 

Amends SL 1969, Chapter 774, Section 8, removing term limits for the Alexander County Board of Education, effective January 1, 2016, applying to elections conducted on or after that date. 

Amends GS 163-165.7, Voting systems: powers and duties of State Board of Elections, to provide that only voting systems that have been certified to be in accordance with procedures that have been established by the State Board of Elections can be permitted for use in elections of North Carolina. Deletes provisions which provided for a request for proposal process for voting systems. Provides that the certification requirements can require that vendor bonds or letters of credit cover damages, which can include costs of conducting a new election due to defects (previously, damages were required to include the costs of conducting a new election).  Deletes provisions that created an exemption for voting system purchasing processes if the voting system was acquired or upgraded by a county before August 1, 2005. Makes conforming changes. 

Enacts GS 163-165.7(a2) to provide that only electronic poll books that are certified by the State Board of Elections as specified are permitted to be used in the elections of North Carolina. Effective August 1, 2015.