Senate committee substitute to the 1st edition makes the following changes.

Amends the act throughout to refer to the State Board instead of State Board of Elections. Makes organizational changes.

Part I.

Section 1.1.

Now specifies that the management functions of the State Board of Elections (Board) once it is transferred to the Department of the Secretary of State (Secretary) will not be performed under the direction and supervision of the Secretary. Changes effective date of transfer from January 1, 2025, to July 1, 2024.

Part II.

Section 2.1

Amends the method of appointment to the Board by the appointing authorities listed in GS 163-19(a) to specify that Board members are appointed upon the recommendation of those authorities (was, by those authorities). No longer specifies that NCGA appointments are to be made by an act of the NCGA. Makes clarifying changes. Amends GS 163-19(c) (vacancies to Board) to specify that the General Assembly will fill any vacancy on the Board upon the recommendation of the initial appointing authority (was, just filled by the initial appointing authority).  Specifies that appointment process for vacancies in legislative appointments set forth in GS 120-122 does not apply to Board vacancies.

Changes provisions for appointment of a chair to the Board as follows. Changes the triggering date for appointment of chair if no chair is elected from failure to elect chair 30 days after appointment to failure to elect chair 30 days after new appointees take the prescribed oath or within 30 days of the occurrence of a vacancy in the office of the chair. Now specifies that the office of chair may be filled by legislative appointment in accordance with GS 120-121 as if the chair is a member of a board or commission (was, GS 96-15.3). Further specifies that if the vacancy occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate. If the vacancy occurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives.

Section 2.2.

Amends GS 163-20 (meetings of the Board, quorum and minutes) to change the number of applications from Board members that are needed to call a meeting from two members to three members. Increases the number of Board members needed to call a meeting in lieu of the chair from three to six members. Increases the number of members needed to request a meeting in a place other than Raleigh from four to five. Removes provisions requiring the Board to adjourn from day to day for no more than 3 days in the event that there is no quorum. Removes provision allowing for removal of Board member(s) who fail to attend such meetings if by the end of the three-day period, there is no quorum. Makes language gender neutral. Makes conforming changes to account for new numbers. Makes technical change.

Section 2.3.

Amends GS 163-22 (powers and duties of Board) to remove the Board's power to appoint, fill vacancies, and to remove members of the county board of elections (County Boards). Removes the Governor as an individual that the Board is required to make recommendations to about the conduct and administration of the primaries and elections in the State as it may deem advisable so that it only needs to make those recommendations to the General Assembly. Increases the number of Board members needed to make a written request for any County Board election materials from four to five.  Makes technical, clarifying, and conforming changes to account for new limitations on the Executive Director under GS 163-27.

Section 2.4.

Makes organizational and technical changes to GS 163-25 (Board’s authority to assist in litigation).

Section 2.5.  

Changes provisions for appointment of an Executive Director under GS 163-27(b) as follows. Changes the triggering date for appointment of Executive Director if the position is not filled from failure to fill position 30 days after appointment to failure to fill position 30 days after new appointees take the prescribed oath or within 30 days of the occurrence of a vacancy in the office of the chair. Now specifies that the Executive Director may be filled by legislative appointment in accordance with GS 120-121 as if the Executive Director is a member of a board or commission (was, GS 96-15.3). Further specifies that if the vacancy occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate. If the vacancy occurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives.

Section 2.6.

Provides for initial appointments as follows. Specifies that the eight members of the Board appointed in accordance with GS 163-19, as amended by the act, will serve until May 1, 2025, and that these members will continue to be eligible to serve two full consecutive terms thereafter. Specifies that the chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly in accordance with GS 163-19, as amended by this act. Upon appointment of the eight members of the Board in 2023, a chair of the Board and an Executive Director will be appointed in accordance with the appointment provisions in the act.  

Section 2.7.

Specifies that a criminal history record check for any prospective Executive Director appointed by the General Assembly in 2023 must be provided to the chair or chairs of the standing committee handling the legislation regarding the appointment and not to the Board or the Executive Director. Specifies that the criminal history record checks for any prospective Executive Director appointed by the General Assembly in 2023 are not public records.

Part III.

Section 3.1.

Amends GS 163-27.1 (emergency powers of the Board) to allow the Board to exercise such powers in an open meeting (was, by affirmative vote). Specifies that the Board does not have the authority to delegate its emergency authority to the Executive Director or any other person; makes conforming changes.

Section 3.5.

Deletes prior Section 3.5 setting forth appointment process to the Board in 2025.

Section 3.6.

Deletes prior Section 3.6 setting forth appointment process to the County Boards in 2025.

Part IV.

Section 4.1.

Amends GS 163-30 (pertaining to County Boards) so that the appointment authority reflects the same “upon recommendation by” language used in GS 163-119, discussed above.  Removes language specifying that the appointing authority is required to give due consideration to the recommendations provided to them by the two leading political parties, but it is not required to follow those recommendations.  

Changes the triggering date for appointment of a chair of a County Board from no election of a chair 15 days after the new members are appointed to no election of a chair 15 days after the first meeting in July. Now specifies that the County Board chair may be filled by legislative appointment in accordance with GS 120-121 as if the County Board chair is a member of a board or commission (was, GS 96-15.3). Further specifies that if the vacancy occurs in an odd-numbered year, the appointment is made upon the recommendation of the President Pro Tempore of the Senate. If the vacancy occurs in an even-numbered year, the appointment is made upon the recommendation of the Speaker of the House of Representatives. Specifies that appointment process for vacancies in County Boards set forth in GS 120-122 does not apply to County Board vacancies.

Section 4.2.

Amends GS 163-35 (director of elections to county board of elections, appointment, compensation, duties, and dismissal) as follows. Removes Board’s authority to fill vacancies and instead allows the county board of commissioners in that county to issue a letter of appointment. Amends the 7-prong list of disqualifiers that would prevent a person from serving as a director of a County Board so that a person is disqualified if they have been removed at any time by not only the Board but also, alternatively, by another county (currently, just removal by Board). Makes conforming changes by deleting references to Executive Director of the Board. Now, authorizes the county board of commissioners to obtain a criminal background check if warranted. Deletes provisions allowing the County Board to recommend the director’s salary, and instead just requires it be approved by the county board of commissioners. Makes technical, clarifying, and conforming changes. 

Repeals GS 163-35.1 (termination and suspension of county director of elections).

Section 4.3.

Amends GS 163-27.2 (criminal history checks of current and prospective Board employees and County Board directors) and GS 163-37.1 (criminal history record checks of current and prospective employees of County Boards) to remove provisions providing a copy of those background checks to the Executive Director (GS 163-27.2) or the County Board (GS 163-37.1). Deletes provision requiring County Board to provide copy of employee background checks to Board and Executive Director. Changes statutory process governing the Board’s criminal history check from GS 143B-968 (checks conducted by the Office of State Human Resources) to GS 143B-969 (criminal record checks for employees and contractors of the Board and county directors of elections). Changes statutory process governing County Board’s criminal history check from GS 143B-969 to GS 143B-970 (background checks for employees of County Boards). Makes conforming changes to account for new statutory process. Deletes provisions requiring County Boards to require a criminal history check of all prospective or current employees or those who will have or do have access to the statewide computerized voter registration system. Deletes provision in GS 163-27.2 barring a precinct official or assistants at a one-stop early voting location from being subject to a criminal history check unless that person performs a function designated by the Board.

Amends GS 143B-969 as follows. Changes the definition of current or prospective employee to mean a current or prospective permanent or temporary employee of the Board, other than the Executive Director (currently, all Board employees, no exemption for Executive Director, and also includes county directors of elections, both current and prospective). Now authorizes the Department of Public Safety (DPS) to provide to the chair or chairs of the standing committee handling the legislation regarding the appointment of the Executive Director the criminal history record check report regarding any prospective appointee for the position of Executive Director. Requires those individuals to keep that information confidential. Makes conforming changes.

Amends GS 143B-970 to authorize DPS to provide to the board of county commissioners the criminal history record check of any prospective appointee for the position of county director of elections. Requires county commissioners to keep the information confidential. Specifies that once a letter of appointment is issued by the board of county commissioners, the criminal history report on the appointed county director of elections will be forwarded to the county board of elections, the Board, and the Executive Director of the Board.

Section 4.4.

Provides for initial appointment terms to County Boards as follows. Specifies that the four members initially appointed under the act will serve until June 1, 2027. Specifies that chairs of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics may submit a list of names to the General Assembly in accordance with the act. Upon appointment of the four members of County Boards in accordance with the act in 2024, specifies that the county director of elections will be appointed in accordance with the act.

Section 4.5.

Makes Part 4 effective June 1, 2024, and specifies that appointments shall be made accordingly.           

Part V.

Section 5.2.

Makes technical and conforming changes to GS 163-182.13 (new elections) to reflect increased membership on the State Board.   

Section 5.5.

Amends GS 163-258.30 (regulations of the Board) as follows. Deletes language requiring the Board to make recommendations about military and overseas voting to the Governor so that the Board just makes these recommendations to the General Assembly.