Bill Summary for S 824 (2017-2018)

Summary date: 

Dec 5 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 824 (Public) Filed Tuesday, November 27, 2018
AN ACT TO IMPLEMENT THE CONSTITUTIONAL AMENDMENT REQUIRING PHOTOGRAPHIC IDENTIFICATION TO VOTE.
Intro. by Krawiec, Ford, Daniel.

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Bill summary

House amendments make the following changes to the 4th edition.

Amendment #1 modifies the natural disaster exception to the photo ID requirement to vote set forth in proposed GS 163A-1145.1(d)(3), making the exception available to registered voters who are victims of a natural disaster occurring within 100 days before election day that resulted in a disaster declaration by the President or the Governor, rather than both a presidential and gubernatorial disaster declaration.

Amendment #2 adds to proposed GS 163A-869.1, specifying that the expiration of the voter photo ID card does not presume a voter’s voter registration is expired or inactive, and requiring the cards contain a disclaimer statement to that effect.

Amendment #4 deletes the proposed changes to GS 163A-1307 and GS 163A-1310, regarding absentee ballots, requiring absentee voters to include a photocopy of an acceptable form of photo ID or a completed affidavit with their ballot. Instead, amends GS 163A-1309 concerning absentee ballot requests. Adds new requirement for the Bipartisan State Board of Elections and Ethics Enforcement to adopt rules to provide for the forms of ID that must be included with the written request for an absentee ballot. Specifically requires the Board’s rules to include (1) acceptable form of readable identification substantially similar to those required under GS 163A-1145.1, (2) a process for a voter to instead complete an alternative affidavit pursuant to GS 163A-1145.1(d)(1)-(3) that includes lack of access to a method to attach an electronic or physical copy of ID to the written request as a reasonable impediment, and (3) a process for a voter to request the option to return the information required with the absentee ballot container return envelope. Removes current language requiring absentee request forms to include at least one of either the voter’s driver's license, special identification card, or the last four digits of their Social Security number. Makes conforming changes. Makes conforming changes to GS 163A-1307, requiring the State Board to include on the application on the container-return envelope an area to attach additional documentation necessary to comply with the ID requirements pursuant to State Board rules.

Requires the State Board to develop temporary rules no later than July 1, 2019, and permanent rules no later than January 1, 2020. Requires consultation with Disability Rights North Carolina. Further requires the State Board to report to the specified NCGA committee on the proposed temporary or permanent rules prior to adoption. Additionally requires the State Board to report to the specified NCGA committee no later than March 1, 2019, on the security of absentee voting, as specified.  

Amendment #5 adds to GS 163A-1145.2, concerning the approval of student ID cards for voting identification. Adds to the requirements for student IDs certified by a university's or college’s signed letter to the State Board to include that the university or college provides, when issuing student IDs, a copy of a document by the State Board with information on voting ID requirements, voting options, and the availability of a free NC voter ID card to rural, military, veteran, elderly, underserved, minority, or other communities, and the requirements of NC residency to vote and the penalty for voting in multiple states. Adds to the public education initiative of the State Board in Section 1.5(a), requiring the State Board to make such a document available on its website.

Amendment #7 removes the witness verification alternative to presenting a photo ID to vote in proposed GS 163A-1145.1(d)(4).

Amendment #10 makes the following changes.

Modifies proposed GS 163A-1145.1(b) concerning photo ID verification, permitting a voter to vote unless the judges of election present unanimously agree that the photo ID presented does not bear a reasonable resemblance (previously, any reasonable resemblance) to that voter.

Adds new Section 1.3(a), requiring the issuance of special identification cards by the Division of Motor Vehicles (DMV) for any person whose valid driver's license, permit, or endorsement is received by the DMV upon seizure or surrender, as required by new GS 20-37.7(d2), begin no later than May 1, 2019.

Further amends the State Board’s public education initiative set forth in Section 1.5(a). Concerning the charge to inform the public regarding the requirements of North Carolina residency to vote, requires the education program to include applicable intent requirements of North Carolina law (previously, the requirement for intent to remain in the State). Makes conforming changes to Amendment #5, discussed above (amending proposed GS 163A-1145.2(a)(1) and adding to the education initiative components). Further amends the education initiative components, concerning the requirement to mail information twice in 2019 and 2020, to now require the specified information be mailed to all NC residential addresses in the same manner as the Judicial Voter Guide, rather than to all registered voters.

Modifies the appropriations provisions set out in Section 4. Directs the State Board to transfer to the Highway Fund (was, the DMV) $1.5 million for the 2018-19 fiscal year to address the loss of revenues resulting from the act’s implementation. Expands the permitted allocation of the $850,000 appropriation to the NC Public Campaign Fund to permit allocation of the funds by the State Board for assistance to county boards of elections in implementing the act (previously, allocation limited to county boards for maintenance grants for printing equipment).

Amendment #11 modifies the tribal enrollment card form of acceptable photo ID to vote set out in proposed GS 163A-1145.1(a)(1)e. to specify an acceptable tribal enrollment card issued by a state or federal recognized tribe (previously, limited to federally recognized tribe or a State recognized tribe when specified conditions were met).

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