House committee substitute to the 4th edition makes the following changes. Makes organizational changes. Removes provisions banning rank choice voting previously in Section 2.4.

Part I.

Section 1.3.

Moves GS 163-166.11(provisional voting requirement) and GS 163-166.16 as amended by the act into the part, and instructs that if an affidavit lacking a signature accompanying a provisional ballot is cured by at noon on the fifth business day after the election, then the county board of elections (county board) must county any portion of the provisional ballot that the voter is eligible to vote. Changes the effective date from January 1, 2027, to when the Part becomes law.

Section 1.4.

Makes the following changes to GS 163-231 (voting and transmission of absentee ballots). Narrows the class of persons other than the voter who may hand deliver an absentee ballot to the election official to the voter’s near relative or legal guardian (currently, no restriction on who may deliver an absentee ballot to the elected official) and allows for it to also be turned in at the county board office. Directs that a person other than a voter delivering an absentee ballot has to complete an affidavit demonstrating how that individual is eligible to return the absentee ballot as the person’s near relative or legal guardian. Replaces references to “voted” ballots with “executed” ballots. Makes clarifying and technical changes. Directs the State Board of Elections (State Board) to adopt rules to implement a form affidavit for in person delivery of executed ballots to county boards. Now makes the changes effective January 1, 2027, instead of when the Part becomes law.

Section 1.5.

Makes the following changes to GS 163-234 (counting absentee ballots by county board). Now allows the county board to recess the meeting under law prior to completing the counting (previously no reference to GS 143-318.12). Directs the State Board to adopt rules on how county boards reflect any recesses in the full and accurate minutes of the meeting such that a person not in attendance would have a reasonable understanding of what transpired before and after any recess, including the number of outstanding absentee ballots immediately before and after any recess. Makes organizational changes. Applies to elections after January 1, 2027, (was, applies to elections after the act becomes law).

Section 1.6.

Now makes it an offense under GS 163-275 for a person to knowingly reveal the results of any election (was, no mental state specified for the offense).

Part II.

Section 2.2.

Directs the State Board to make training materials available until the training is complete if an election occurs prior to a county board member’s required initial training under GS 163-82.24 (statewide training and certification for election officials). Makes technical changes.  

Section 2.4.

Makes the following changes to GS 163-82.7 (verification of qualifications and address). Allows the county board to make a determination on whether the person is qualified to register to vote within a reasonable time after receiving the application (currently, when the county board receives the application). Directs the State Board to forward any applications for voter registrations received by them to the county board in a timely manner. Specifies that if an application is received by the State Board within the 100 days prior to an election, the application must be forwarded within two business days of receipt. Only requires the county board to send the notice of qualification within two business days of processing the registration if the application is received within the 100 days prior to an election. (Currently, county board must mail notice within two business days regardless of when the election is.) Specifies that if the post office does not return the notice as undeliverable, only then can the county board register the person to vote. If the first notice is returned as undeliverable, only requires the county board to mail the second notice within one business day of receipt if it is 100 days or less before the election. Makes technical, conforming, and clarifying changes. Modifies the effective dates so that it is effective to verification notices sent or received by a county board on or after January 1, 2027, (was notices sent on or after that date).

Section 2.5.

Adds the following requirements to the county board’s obligations at the conclusion of early voting under GS 163-166.40(j): (1) paper ballots are stored in a locked and secured space where access is controlled and the chain of custody maintained apart from electronic votes and (2) electronic voting records are stored in a place that meets those same qualifications, and may be detached from the voting equipment for storage. Makes technical changes. Changes the effective date from applying to elections on or after January 1, 2027, to applying to elections on or after the act becomes law.

Section 2.6.

Makes the following changes to GS 163-82.14 (list maintenance). Clarifies that the provisions of GS 163-82.10B applies to data sharing agreements with respect to voter registration data of the State. Specifies that disclosure of voter registration data received from other states is governed by the data sharing agreement (was, is not a public record) so long as the agreement is not more restrictive than the other state’s public records law. Removes provisions pertaining to removal of individuals from the voting rolls who have moved out of the county.

Section 2.7.

Clarifies that the Division of Motor Vehicles (DMV) will furnish the State Board with each month’s data no later than the 15th of each month under GS 20-7(b2) (was, no reference to each month’s data). Makes technical changes.

Section 2.8.

Sets deadline under GS 163-89 for challenge to ballots cast during early voting by no later than the close of polls on the day of the primary or general election or county bond election. Removes changes to GS 163-90.2 (challenges) granting a county board that initiated a challenge standing to file an appeal.  

Section 2.9.

Removes provisions prohibiting payment for signature for petitions.

Section 2.10.

Now authorizes the person at a State driver’s license office or other authorized State agency to only accept a voter registration if the applicant affirmatively states that they are a citizen of the United States in GS 163-82.19 and GS 163-82.20 (was, had to not process the application if the applicant either denied US citizenship or refused to answer the question) . Makes technical and clarifying changes.

Modifies GS 163-83 (requirement for citizenship on voter registration applications) so that county boards can also only process a voter registration application if the voter affirmatively indicates that they are a US citizen. Changes the notice requirement for applicants who do not answer the question to require the county board to inform the applicant of the citizenship requirement and to require a statement of US citizenship under penalty of perjury. Now requires the county board to notify the voter of any denial of their application on these grounds. Provides for a right of appeal in GS 163-82.18 for denials based on citizenship or address.

Section 2.11.

Clarifies that the State Auditor’s authority to audit general elections is in addition to its other powers under law. Requires that the Auditor’s selection of counties to audit must be random, but all county boards of elections have to be audited at least once every six years in GS 147-64.6Q. Modifies the types of absentee balloting materials that the Auditor has ready access to so that it includes container return envelopes but not registrar records regarding absentee ballots, and records created and used by the ballot board to ensure appropriate processing and counting of absentee ballots. Removes provisions requiring the State Board and DMV to provide ready access to materials to the Auditor for this purpose. Now allows county election officials of the county under audit to be present for the entire audit (was, portions of the audit to preserve chain of custody). Requires those officials to preserve chain of custody of cast ballots and other documents, when applicable. Now requires the Auditor to provide annual reports on the audits to be posted on its website in perpetuity (was, periodic reports to the specified officials). Specifies that the report may include recommendations for best practices, additional training, oversight, or changes to election administration.

Section 2.13.

Makes clarifying change to GS 163-106.1 and changes the effective date from January 1, 2027, to when the act becomes law.

Part III.

Section 3.1.

Removes requirement that a person be in their official capacity when making statement prohibited under GS 163-19(g) (State Board member) or GS 163-30 (county board member). Prohibits statements encouraging, influencing, or promoting voter turnout, for a particular advocacy group, political party, or candidate or for an election (was, for a particular political party). Also prohibits statements targeted to a particular group of persons supporting or opposing referendum or ballot issue proposals. 

Section 3.2.

Removes provisions in GS 163-25 (authority of State Board to assist in litigation) exempting all of the described communications or documents by counsel from the definition of public records.

Part IV.

Section 4.2.

Specifies that if the last address of a voter who is overseas is no longer recognized as a residential address then the voter will assigned to a precinct or an adjacent precinct to the address of the voter’s last place of residence in GS 163-258.5 (was, no specification of precinct assignment).

Section 4.3.

Removes changes to GS 163-258.6 requiring documentation of a covered voter’s last address in the U.S. Now requires, in GS 163-258.10, covered voters to submit the military-overseas ballot with the copy of the identification described in GS 163-166.16(a)(photo identification required to vote in person) instead of the six categories of identification originally listed in the act. Removes effective date specific to the section.

Section 4.4.

Extends the deadline for curable deficiencies to be received by the county board to 11 am on the day of the county canvass (was, close of business the day before the canvass). Makes clarifying and technical changes.

Part VII.

Makes technical change to the part’s title.

Part IX.

Adds a severability clause.