AN ACT TO RESTORE CONFIDENCE IN GOVERNMENT BY ESTABLISHING THE VOTER INFORMATION VERIFICATION ACT TO PROMOTE THE ELECTORAL PROCESS THROUGH EDUCATION AND INCREASED REGISTRATION OF VOTERS AND BY REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION BEFORE VOTING TO PROTECT THE RIGHT OF EACH REGISTERED VOTER TO CAST A SECURE VOTE WITH REASONABLE SECURITY MEASURES THAT CONFIRM VOTER IDENTITY AS ACCURATELY AS POSSIBLE WITHOUT RESTRICTION, AND TO FURTHER REFORM THE ELECTION LAWS. Enacted August 12, 2013. Part 60, regarding severability, is effective August 12, 2013. The remainder is effective January 1, 2014, except as otherwise provided.
Summary date: Aug 15 2013 - More information
Summary date: Jul 25 2013 - More information
Senate amendment #11 makes the following changes to the 7th edition.
Amends new GS 163-166.13(e) to provide additional criteria regarding acceptance of a tribal enrollment cardto satisfy thephoto identification requirement for voting in person. Specifies that if the tribal enrollment card is issued by a tribe recognized by this stateunder GS Chapter 71A, it must meet all of the following criteria in order to satisfy the photo identification requirement: (1) be issued in accordance with a process approved by the State Board of Elections, which requires an application and proof of identity equivalent to the requirements for issuing a special identification card by the Division of Motor Vehicles under GS 20-7 and GS 20-37.7, and (2) be signed by an elected official of the tribe. Renumbers the subdivisions in thissubsection accordingly.
Amends GS 163-166.14 to clarify that the judges of election who review and evaluate a determination by a local election official that a voter's photo identification does not bear any resemblance to the voter must have the same qualifications as in Article 5 of this Chapter.
Amends GS 163-45 (Poll observers) to replace the term "county supervisor of elections" with "county director of elections" wherever it occurs.
Amends GS 163-227.2(g2) to requirea county board of elections that provided for absentee ballots in the 2012 and 2010 primary and general elections to calculate the cumulative number of hours (was, calculate the number of hours)that the county provided for voters to apply for absentee ballots. Deletes specified formula fordoing the calculation.Adds new subsection (g3) to provide that by unanimous vote, a county board of elections may submit a request to the State Board of Elections to reduce the number of hours established in subsection (g2) of this section for absentee ballots fora primary or a general election. Provides that the reduction must take effect for that primary or general election only if the reduction is approved by unanimous vote of the State Board of Elections.
Provides that 50% of the funds directed to be paid in 2013 under GS 163-278.41(c) is to be disbursed as provided by law and that unexpended funds are toremain in the reserve until December 31, 2013, at which time those funds will revert to the General Fund.
Amendment #13 makes the following change to the 7th edition. Amends GS 163-278.6(8j) to modifythe definition for electioneering communications to refer to communications aired or transmitted after September 7 (was, September 15) in the case of a general election in November of an even-numbered year.
Senate amendments make the following changes to the 6th edition.
Amendment #4 makes the following changes.
Amends GS 163-227.2(g) to require a plan of implementation adopted by the county board of elections or the State Board of Elections to provide for the same days of operation and same number of hours of operation on each day for all sites in that county for that election (was, for the same hours and days of operation for all sites in that county for that election).
Amends GS 163-227.2 by adding (g2) to require, for any county board of elections that provided for one or more sites as provided in (g) during the 2010 or 2012 general election, (1) in elections that include a presidential candidate, the county must ensure that at least the same number of hours offered in 2012 are offered for absentee ballots to be applied for and voted through a combination of hours and numbers of one-stop sites during the primary and general election and (2) for elections for the General Assembly which do not include a presidential candidate, the county must ensure that at least the same number of hours offered in 2010 are offered for absentee ballots to be applied for and voted through a combination of hours and numbers of one-stop sites. Allows the State Board of Elections, to ensure compliance with this subsection, to approve a one-stop site in a building that the county board of elections is not entitled to demand and use as a voting place, but may deny approval if a member of the board presents evidence that other equally suitable sites were available and the use of the chosen site would unfairly advantage or disadvantage interests of that county.
Amendment #5 deletes the proposed changes to GS 163-166.8(a) and GS 163-166.8 concerning assistance to voters. Requires the Joint Legislative Elections Oversight Committee to study ways to improve protections for persons requiring assistance in voting places and recommend legislation. Allows for an interim report before the General Assembly reconvenes in 2014, and requires a final report before the 2015 Regular Session convenes.
Amendment #6 amends the definition of photo identification in GS 163-166.13 to require that ID has a printed expiration date and is unexpired (was, and has not expired).
Amends GS 163-230.2(a3) to require the county board of elections to, upon receiving a request form for an absentee ballot, to confirm that voter's registration (was, verify the voter's registration). Makes conforming changes.
Amends GS 163-231(b) to make clarifying and organizational changes. Also all ballots issued under the provision of this Article and Article 21A must be received by the county board no later than 5:00 pm on the day of the statewide primary or general election or county bond election.
Deletes the proposed new GS 163-82.20(j) and instead places that same language in GS 163-82.22.
Amends GS 163-45 to provide that while no more than two observers from the same political party are allowed in the voting enclosure at any time, in addition, one of the at-large observers from each party may also be in the voting enclosure. Also deletes the provision allowing an observer to be present and move about the voting place before, during and following the closing of the polls until the chief judge and judges have completed all of their duties, as well as allowing the observer to observe precinct official checking voter registrations from a position that allows clearly hearing and understanding voter responses.
Requires the Joint Legislative Elections Oversight Committee to study a bill of rights for election observers and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 General Assembly.
Repeals GS 163-82.3A, other than (e). Makes a conforming change to the statute's catchline, renaming it Address and name changes at one-stop sites.
Amends GS 163-227.22(g) to provide that any implementation plan must provide for the same hours and days of operation for all sites (was, all additional sites) in that county for that election.
Deletes proposed changes to GS 163-82.15(e), which would have deleted the provision allowing any voter subject to (e) to vote a provisional ballot instead.
Deletes proposed changes to GS 163-278.6(14) and instead requires the Joint Legislative Elections Oversight Committee to study establishing a threshold for the creation of a political committee and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 General Assembly.
Deletes Part 58 of the act, clarifying the scope of Chapter 132 and Article 17 of Chapter 120 of the General Statutes.
Senate committee substitute makes the following changes to the 5th edition.
Amends the short and long titles.
Deletes provisions which established a Voter Information Verification Advisory Board within the State Board of Elections.
Adds that Parts 1 through 6 of the act will be known and cited as the Voter Information Verification Act (VIVA).
Amends proposed GS 163-166.13, concerning photo identification requirements for voting in person, deleting statutory references in proposed GS 163-166.13(a) to GS 163-82.6A, 163-166.7, and 163-166.9. Amends the exception to requiring photo identification for those who are a victim of a natural disaster, specifying that a voter that declares that a lack of photo identification is due to a natural disaster on the appropriate form provided by the State Board is not required to provide photo identification in any county subject to the disaster declaration (previously, did not limit the exception to only the counties subject to the declaration). Provides additional requirements for the declaration form, requiring that the form is must be available from the State Board of Elections, from each county board of elections in counties subject to the disaster declaration, at each polling place, and one-stop early voting sites in the applicable counties. Provides that the voter must submit the completed form at the time of voting.
Amends the provisions which set out what is considered and deemed to be appropriate photo identification for voting, deleting language which previously approved the following types of photo identification:
(1) An identification card issued by UNC or its constituent institutions.
(2) An identification card issued by a North Carolina community college.
(3) An identification card issued to a fireman, EMS, hospital employee, or law enforcement officer.
(4) An identification card issued by a unit of local government, public authority, or special district, as defined in GS 159-7.
(5) An identification card issued for a government program of public assistance.
(6) An identification card that bears a date of expiration and was not expired on the day the voter reached the age of 70 issued by a branch, department, agency, or entity of the US, North Carolina, or any other state.
Amends the requirements for acceptance of tribal enrollment cards, providing that the only tribal enrollment cards that will be considered as acceptable photo identification is a tribal enrollment card issued by a federally recognized tribe or a tribe recognized by NC under GS Chapter 71A.
Provides further requirements for photo identification, requiring that photo identification must (1) have a printed expiration date, except for US military ID cards and Veterans Identification Cards issued by the VA, (2) not be expired, however, any voter 70 years old at the time of presentation at the voting place will be permitted to present an expired form of any of the approved photo identifications that was unexpired on the voter's 70th birthday. Provides that specified types of photo identification, even if it does not contain a printed expiration date, will be acceptable if it has a printed issuance date that is not more than eight years old before it is presented for voting, however, military ID cards and Veterans ID cards are never required to have a printed issuance date.
Deletes proposed changes to GS 163-82.6A(b), concerning the attestation and proof of residence, found in Section 7 of the 5th edition.
Makes technical changes to proposed GS 163-182.1A(a), concerning counting provisional ballots.
Makes clarifying changes to proposed GS 163-87(5), providing that except as provided in GS 163-166.13(d) and GS 163-166.14, any registered voter of the precinct can challenge a voter if the voter does not present photo identification in accordance with GS 163-166.13 (previously, did not include language providing for exceptions to the challenge pursuant to the cited statutes).
Amends proposed changes to GS 163-275(13), providing a new reference to GS 20-37.7(d)(6).
Amends the proposed language for GS 163-229(b)(7), requirements for container-return envelopes, expanding the language to provide that if there is not room on the envelope to prominently display the unlawful election related acts under GS 163-226.6 and GS 163-275, then the State Board of Elections can provide that disclosure on a separate piece of paper, included along with the container-return envelope. Makes clarifying changes.
Amends GS 163-230.1, concerning ballots for those absent for sickness or physical disability, providing that such ballots can personally delivered by the county board of elections to the voter or the voter's near relative or verifiable legal guardian (previously, only provided for personal delivery, without specifying to whom delivery was allowed).
Amends proposed GS 163-230.2, concerning requesting absentee ballots, making clarifying changes that provide that once verified, absentee ballots and certifications forms will be mailed to the voter (was, sent to the voter), unless personally delivered to the requester in accordance with GS 163-230(a1) (previously, did not include language regarding personal delivery). Makes a technical correction to a statute citation in proposed GS 163-230.2(a3).
Amends GS 163-231, providing that the requirement for two witnesses, provided in subsection (a) of this section, will be satisfied if witnessed by a notary public that complies with all the other requirements included in that subsection. Directs the notary to affix a valid notarial seal to the envelope, and include the word "Notary Public" below his or her signature. Makes clarifying changes that provide that "delivered in person", used in GS 163-231(b) and referring to the delivery of executed absentee ballots to specified approved locations, also includes delivering the ballot to an election official at a one-stop voting site under GS 163-227.2 during any time that site is open for voting. Requires the ballots to be kept securely and delivered by election officials at that site to the county board of elections for processing.
Deletes provisions that required the State Board of Elections to reimburse the DMV, the State Registrar, and county registers of deeds for direct costs incurred in administering authorized fee waivers and to reimburse local governments for direct costs incurred in issuing photo identification in certain situations.
Amends GS 163-226.3(a)(4), providing that when neither relative nor a verifiable legal guardian is available to assist a voter, and a multipartisan team is not available to assist the voter within seven calendar days of a telephonic request, the voter can obtain voting assistance from any person other than the following: (1) an owner, manager, director, employee of the hospital, clinic, nursing home, or rest home in which the patient resides, (2) an individual who holds any elective office under the US, NC, or any political subdivision of the State, (3) any candidate for nomination or election to the offices previously mentioned, or (4) any individual who holds any office in a State, congressional district, county, or precinct political party or organization, or a campaign manager or treasurer for any candidate or political party.
Directs the State Board of Elections to adopt rules prior to October 1, 2013, concerning the new provisions concerning the multipartisan teams authorized by GS 163-226.3(a)(4). Sets out what the adopted rules should address and ensure.
Proposes a new subsection GS 10B-30(d), providing that a notary cannot charge any fee for witnessing and affixing a notarial seal to an absentee ballot application or certificate under GS 163-231.
Proposes new subsection GS 163-82.20(j), which provides that, with the appropriate specified approval, senior centers or facilities operated by the county, as well as parks and recreation services operated by the county, can offer voter registration in accordance with the applicable regulations.
Requires the State Board of Elections to disseminate (1) information about photo identification requirements for voting, (2) information on how to obtain appropriate photo identification for voting and (3) assist registered voters with obtaining photo identification. Sets out the guidelines and requirements for such. Deletes the requirement that the State Board of Elections must work with county boards of elections to assist voters in obtaining photo identification through the local governments that make photo identification available.
Amends the act to establish the following effective dates:
Parts 1 and 6 of this act are effective when this act becomes law.
Part 2 of this act becomes effective January 1, 2016, and applies to primaries and elections conducted on or after that date.
Part 3 of this act becomes effective January 1, 2014.
Part 4 of this act becomes effective January 1, 2014, and applies to primaries and elections held on or after that date, except that Section 4.6(b) is effective when it becomes law.
Part 5 of this act becomes effective October 1, 2013.
At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record.
Requires the Joint Legislative Elections Oversight Committee to study the method of filling vacancies in the General Assembly, and recommend any legislation it deems advisable. Allows the Committee to make an interim report prior to the date that the General Assembly reconvenes for the 2013 Regular Session in 2014. Final report is due before the convening of the 2015 Regular Session.
Amends GS 163-12, concerning filling vacancies in the US Senate, providing that if the vacating Senator was elected as the nominee of a political party, the person appointed to the seat by the Governor must be a person affiliated with that same political party.
Requires the Joint Legislative Elections Oversight Committee to study the method of filling vacancies in the US House of Representatives by special election, and recommend any legislation it deems advisable. Allows the Committee to make an interim report prior to the date that the General Assembly reconvenes for the 2013 Regular Session in 2014. Final report is due before the convening of the 2015 Regular Session.
Amends GS 163-287 to require a special election called by a local government or special district to be held at the same time as any other state, county, or municipal general election or at the same time as the primary election in an even-numbered year. Creates new subsections (c), (d), and (e) to exempt the following from the requirement: special elections related to the public health or safety, including a vacancy in the office of sheriff or a bond referendum for the financing of health or sanitation systems, if the governing body adopts a resolution stating the need for the special election at a different time from the general election or primary; (2) municipal incorporation or recall elections pursuant to a local act of the General Assembly; and (3) municipal elections to fill vacancies pursuant to a local act of the General Assembly where more than six months remain in the term of office; if less than six months remain, the governing board may fill the vacancy. Specifies that the court's or the State Board of Elections' authority to order a new election is not impacted.
Enacts new GS 163-3 to require special elections be conducted as required by GS 163-287. Amends GS 18B-601(f) (alcoholic beverage election), Amends GS 18B-601(f) (alcoholic beverage election), GS 160A-103 (referendum petition), GS 159-61(b) (bond referendum), and GS 160A-104 (initiative petition) to conform the applicable elections to GS 163-287. Makes additional conforming and clarifying changes to various applicable statutes to provide that special elections must be conducted in accordance with GS 163-287.
Amends GS 69-25.2 and GS 105-465, deleting language stating that no new registration of voters will be required for the special elections. Also deletes language related to the registration of these voters and related notice requirements. Amends GS 105-473(a), deleting provision allowing all voters in the County that are properly registered no later than 21 days prior to the election to vote in the special election.
This part effective January 1, 2014, and applies to special elections held on or after that date.
Amends GS 163-45, concerning the appointment of voting place observers, providing that the chair of each political party in the county has the right to designate 10 additional at-large observers that are residents of that county, which can attend any voting place in that county. Provides that in addition to allowing two observers from the same political party to be permitted in the voting enclosure, one at-large observer can also be in the voting enclosure. Provides that the list of authorized at-large observers must be submitted to the county supervisor of elections, and then the supervisor will provide the list to the chief judge. Allows the list to be amended between the one-stop period under GS 163-227.2 and the general election day to substitute one or all at-large observers for election day. Further provides that at-large observers can serve at any one-stop site. Authorizes observers to be present and move about the voting place prior to, during, and following the closing of the polls, until the chief judge and judges have completed all of their duties. Observers are also allowed to observe precinct officials checking voter registration from a position that provides clear hearing and the understanding of voter responses. Sets out the rules and procedures regarding the restriction of movement or expulsion of an observer, requiring a written and signed statement regarding the action. Provides for a challenge to the limitation or expulsion by the observer.
Repeals GS 163-82.1(d) and GS 163-82.3(a)(5), which provided for the pre-registration of persons who are at least 16 years of age but will not be 18 years of age by the date of the next election and that are otherwise qualified to register.
Amends GS 163-82.4(d), 163-82.23, 163-82.19(a), 163-82.20, 115C-81(g1)(1), and 115C-47(59), making conforming changes, reflecting the repeal of voter pre-registration.
Encourages the Department of Public Instruction to improve outreach to high school students in regards to registering to vote when eligible.
Effective September 1, 2013. Provided all voter pre-registrations completed and received by the State Board prior to that date will be processed and those voters will be registered as appropriate.
Amends GS 163-82.6(b) to provide that an electronically captured signature is not valid on a voter registration form, except as provided in Article 21A.
Amends GS 163-274 to make it a Class 2 misdemeanor for any person to be compensated according to the number of form submitted for assisting persons in registering to vote.
Repeals GS 163-82.6A (in-person registration and voting at one-stop sites) and makes the following conforming changes. Amends GS 163-82.6(c), deleting the exception to provision for registration deadlines for a primary or election. Amends GS 163-59, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a party primary. Amends GS 163-166.12(b2), deleting the provision that identified the proper identification documents that were required if the individual registers and votes under GS 163-82.6A. Amends GS 163-283, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a party primary. Amends GS 163-283.1, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a nonpartisan primary. Amends GS 163-330, deleting the provision that formerly allowed persons qualified by age to vote in the general election but not the primary to register and vote in both elections pursuant to GS 163-82.6A(f) for a primary. Amends GS 163-227.2(a), deleting the reference to GS 163-82.6A as an applicable section for voters using absentee ballots.
Amends GS 163-227.3 and GS 163-258.9 to provide that in a presidential election year, the board of elections must provide general election ballots no later than three days after the nomination of the presidential and vice presidential candidates if the nomination occurs later than 63 days before the statewide general election and makes compliance with the 60-day deadline impossible.
Amends GS 163-82.14 require the State Board of Elections to adopt a uniform program that makes a diligent effort, not less than twice each year to (1) remove the names of ineligible voters from the list of eligible voters, and (2) update the data of person remaining on the official list of eligible voters. Also allows the State Board of Elections to enter into data-sharing agreements with other states to cross-check information on voter registration and voting records. Requires any data sharing agreement to require that a data sharing agreement require the other state(s) to comply with GS 163-82.10 (Official record of voter registration) and GS 163-82.10B (Confidentiality of date of birth).
Requires the State Board of Elections to actively seek ways to share and cross-check information on voting records and voter registration with other states to improve the accuracy of voter registration lists, using resources such as the Electronic Registration Information Center and by entering into interstate compacts.
Effective when the act becomes law.
Repeals GS 163-82.25 (mandated voter registration drive).
Amends GS 163-84 to provide that the registration records of each county are to be open to inspection by any registered voter of the state (was, of the county) during the normal business hours of the county board of elections on the days when the office is open. Amends GS 163-87 to provide that on the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the county (was, of the precinct) may exercise the right of challenge. Makes conforming changes.
Amends GS 163-106, GS 163-294.2, and GS 163-323 to provide that a person has the right to withdraw a notice of candidacy at any time before the close of business on the third business day before the filing deadline.
Amends GS 163-107.1 to require written petitions, filed in lieu of paying a filing fee, to be signed by 5% (was, 10%) of the state's registered voters who are affiliated with the same party [or in the case of candidates for US Senator, Governor, Lieutenant Governor, or any state executive officer), or by no less than 8,000 (was, 10,000) registered voters regardless of the voter's party affiliation, whichever requirement is greater].
Amends GS 163-113 to provide that a person who has been declared a party's nominee for a specified office under GS 163-182.15 or GS 163-110 is not allowed to resign as a candidate, unless before the first day on which military and overseas absentee ballots are transmitted to voters under Article 21A, that person submits to the board of elections which certified the nomination a written withdraw request.
Requires the Joint Legislative Elections Oversight Committee to study optimal numbers of voters in election precincts to reduce overcrowding and long lines. Requires examining the size of the polling place, its accessibility, and parking availability. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the General Assembly convenes in 2015.
Amends GS 163-227.2 to provide that no earlier than the second (was, third) Thursday before an election, in which a voter seeks to vote an no later than 1 pm on the last Saturday before that election, the voter must appear in person only at the office of the county board of elections. Requires a county board of elections to conduct on stop voting on the last Saturday before the election until 1pm (no longer allows conducting one stop voting until 5pm on that Saturday). Requires that plans of implementation provide for the same hours and days of operation for all additional sites in that county for that election. This requirement does not apply to the county board of elections office itself, nor to the reasonably proximate alternate site if one-stop voting is not conducted at the county board of elections office.
Amends GS 163-130 to require a unanimous vote in order for a county board of elections, upon approval of the State Board of Election, to establish a plan for elderly or disabled voters to vote at designated sites within the precinct other than the regular voting place. Adds that any approval is only effective for one year and is to be reviewed annually for extension. Effective January 1, 2014. Requires all plans approved under GS 163-130 before January 1, 2014, to be reviewed and adopted according to GS 163-130, as amended by this section.
Repeals GS 163-132.1 (participation in 2000 census redistricting data program of the United States Bureau of the Census).
Requires the Joint Legislative Elections Oversight Committee to study the second primary and recommend legislation to the General Assembly. Allows the study to include whether to go to a plurality method of determining primary results; whether to reduce the current 40% threshold; whether to keep the threshold at 40% but also allow a smaller percentage if the margin between first and second place finisher is substantial; and whether to have a different system for different offices. Allows an interim report before the General Assembly reconvenes in 2014, and requires a final report before the convening of the 2015 session.
Amends GS 163-165.4 to require the State Board of Elections to ensure that (was, seek to ensure that) official ballots throughout the state have the five specified characteristics.
Amends GS 163-165 to amend the definition of ballot to remove references to electronic voting and adds a definition of paper ballots. Amends GS 163-165.7 to to require voting systems to produce a paper ballot. Makes conforming changes replacing references to a paper "record" with "ballot." Makes conforming changes to GS 163-166.7, GS 163-182.1, GS 163-182.2, and GS 163-227.2. Amends GS 163-165 adding and defining the term paper ballot. Requires the decertification of any direct record electronic voting systems that do not use paper ballots and prohibits their use in any election held on or after January 1, 2018. Provides that decertification of such a system may not be appealed to the Superior Court of Wake County. Effective January 1, 2018.
Amends GS 163-165.6(d) to require that candidates in any ballot item on a general election official ballot, who are nominees of political parties reflecting at least 5% of the statewide voter registration, appear on the ballot in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election, and in alphabetical order within the party.
Amends GS 163-165.6(e) to prohibit a ballot from providing a place where a voter may vote with one mark for all the candidates of a single party ("straight-party voting") and makes a technical conforming change by repealing GS 163-182.1(a)(7).
Amends GS 163-166.01 to provide that if the polls are delayed in opening for more than 15 minutes, or are interrupted for more than 15 minutes, the closing time may be extended by the State Board of Elections for an equal amount of time. Require the Board to be available on the day of election to approve the extension. Deletes the provision allowing a county board of election to direct that the polls remain open until 8:30 pm in extraordinary circumstances.
Amends GS 163-166.8(a) regarding the assistance that may be offered to a registered voter qualified to vote in an election. Provides that any voter not covered by subdivision (2) of this section (applying to voters who are unable to enter a voting booth or mark a ballot without assistance due to physical disability, illiteracy, or blindness) is entitled to assistance from specified family members as selected by the voter and not from any other person other than the chief judge, judge, or assistant as provided by subsection (b) of this section. Provides in new subdivision (3) that a voter who is adjudicated incompetent by a court of law and has not been restored to competency is entitled to assistance only from that person's guardian, the chief judge or judge of elections, an assistant appointed under GS 163-42, or at a one-stop site a person authorized by the county board of elections under GS 163-227.2(g) to provide a similar function. Adds a new subsection (d) to this section to prohibit providing compensation to any person for providing assistance to voters with entering and exiting the voting booth and in marking ballots. Does not apply to election officials as authorized under subsection (b) of this section or a guardian under subsection (a)(3) who may be compensated for duties as a guardian.
Amends GS 163-213.2 to provide an exception to the scheduling of North Carolina's presidential primary, scheduled to be held on the Tuesday after the first Monday in May. Provides that if South Carolina holds its presidential primary before the 15th day of March, the North Carolina presidential primary is to be held on the Tuesday after the first South Carolina presidential primary of that year.
Amends GS 163-213.4 to require the chair of each political party to submit a list of its presidential candidates to the State Board of Elections to be placed on the ballot no later than 90 days before the North Carolina presidential primary (was, nominations had to be submitted by the first Tuesday in February of the year preceding the North Carolina presidential primary).
Amends GS 163-213.4 to authorize the State Board of Elections to add additional candidates to the presidential primary ballot. Requires that at least three members of the Board of Elections vote in support of the addition of the nominee and requires that the presidential primary nominee be affiliated with a political party that the Board of Elections finds is generally advocated and recognized in the news media throughout the United States or in North Carolina as candidates for the nomination by that party.
Under this act, Article 22D (the North Carolina Public Campaign Fund) of GS Chapter 163 is repealed effective January 1, 2014. Makes an exception to provide that GS 163-278.69, under Article 22D, is repealed effective upon the exhaustion of the funds for publication of the Judicial Voter Guide. Also repeals Article 22B of GS Chapter 163, Appropriations from the North Carolina Political Parties Financing Fund, and Article 22J.
Amends GS 84-34 to delete requirement that every active member of the North Carolina State Bar pay a $50 surcharge in addition to state bar dues to implement the provisions of Article 22D of GS Chapter 163. Effective for taxable years beginning on or after January 1, 2013.
Repeals GS 105-159.1, which provides that every individual whose income tax liability for the taxable year $3.00 or more may designate on his or her income tax return that $3.00 of the tax be credited to the North Carolina Political Parties Financing Fund for the use of the political party designated by the taxpayer. Also repeals GS 105-159.2, regarding the designation of tax to the North Carolina Public Campaign Fund. Makes conforming changes to GS 163-278.5.
Repeals GS 163-278.13(e2), limiting the amount of the contribution that a candidate for justice of the state Supreme Court or Court of Appeals may accept from a single contributor, and repeals GS 163-278.13(e4), setting parameters for accepting contributions by a candidate for an office subject to Article 22J of GS Chapter 163. Makes a conforming change to GS 163-278.13(e) and to GS 163-278.23.
Repeals GS 163-278.99E, regarding voter education, effective upon the exhaustion of the funds for publication of the Judicial Voter Guide in GS 163-278.69. Directs the Board of Elections to use the money in the North Carolina Public Campaign Fund to only publish Judicial Voter Guides as described in GS 163-278.69 until the funds have been exhausted. Directs the secretary-treasurer of the North Carolina State Bar to remit any payments of the $50 surcharge payable for the taxable year beginning January 1, 2013, to the Board of Elections, and directs the Board to credit the received funds to the NC Public Campaign Fund. Requires the Board to notify the Revisor of Statutes when the funds for the publication of the Judicial Voter Guide have been exhausted.
Except as otherwise indicated, this Part becomes effective July 1, 2013.
Enacts new GS 90-210.25C to encourage a funeral director or funeral service licensee, at the time funeral arrangements are made, to make available a form (provided by the county board of elections) upon which the nearest relative may report the status of the deceased voter to the county board of elections. Makes conforming changes to GS 163-33. Amends GS 163-82.14 to require each county board of election to remove from its voter registration records individuals identified as deceased by a signed statement of a near relative or personal representative of the deceased's estate. Effective October 1, 2013.
Directs the Joint Legislative Elections Oversight Committee to study requiring campaign finance reports to be filed electronically and to recommend to the General Assembly any legislation it deems advisable. Provides that the Committee may make an interim report prior to the reconvening of the General Assembly for the 2013 Regular Session in 2014 and requires the Committee to make a final report before the convening of the 2015 Regular Session of the General Assembly.
Amends subsections (a), (b), and (c) of GS 163-278.13 to prohibit an individual, political committee, or other entity from contributing money or any other contribution in excess of $5,000 (was, $4,000) to any candidate or political committee for an election. Also prohibits a candidate or political committee from accepting or soliciting a contribution from any individual, other political committee, or other entity in any election in excess of $5,000 (was, $4,000). In spite of these prohibitions, makes an exception to make it lawful for a candidate or the candidate's spouse (was, spouse, parents, brothers, and sisters) to make a contribution to a candidate or the candidate's treasurer of any amount of money or to make any other contribution in any election in excess of $5,000 for that election. Effective for contributions made on or after January 1, 2014.
Adds new subsection (a1) to GS 163-278.13 to provide for an increase in the dollar amount established in subsections (a), (b), and (c) in this section, effective for each odd-numbered calendar year beginning in 2015. Provides criteria for calculating the amount of the increase. Provides that the revised amount of the dollar limit is to be in effect for two calendar years until the next adjustment is made. Directs the State Board of Elections to publish the revised amount in the NC Register and to notify the Reviser of Statutes to adjust the dollar amounts in subsections (a), (b), and (c) of this section.
Repeals GS 163-278.13(e3), which prohibited superior court judge or district court judge candidates from accepting, and contributors from making to that candidate, a contribution in any election exceeding $1,000, except as provided in subsection (c) of the statute.
Amends GS 163-278.19B(4) to restrict use of a political party headquarters' building fund to use only for (1) purchasing, constructing, renovating, or paying the mortgage on a principal headquarters building (was, headquarters building), (2) repaying donors if a principal headquarters building is not purchased, constructed, or renovated, or (3) to pay rent or utility expenses incurred in operating the principal headquarters building. Specifies that donations deposited into the building fund account may only be used for the identified purposes and specifically prohibits use of the funds for headquarter equipment other than fixtures, personnel compensation, or travel or fundraising expenses or requirements of any kind. However, provides for the payment of compensation and benefits to no more than three personnel whose functions are primarily administrative in nature and whose job functions require no more that 10% of work time to be spent on political advocacy each calendar year.
Repeals GS 163-278.39A regarding disclosure requirements for television and radio advertisements supporting or opposing the nomination or election of one or more clearly identified candidates. Amends GS 163-278.39(b) regarding size requirements for disclosure statements in political advertisements. Provides that in a television advertisement where the ad is paid for by a candidate or a candidate campaign committee, the visual disclosure legend must appear simultaneously with an easily-identifiable photograph of the candidate.
Amends GS 163-19(a) to provide that no person may serve more than two consecutive four-year terms on the State Board of Elections. Effective when the section becomes law and applies to members appointed on or after that date.
Amends GS 163-278.13C to clarify provisions prohibiting lobbyists from making a contribution to a candidate or a candidate campaign committee that is a legislator as defined in GS 120C-100 or a public servant as defined in GS 138A-3(30)a and GS 120C-104. Effective October 1, 2013 and applies to contributions made on or after that date.
Repeals Article 22G of GS Chapter 163, governing candidate specific communications. Repeals Article 22H of GS Chapter 163, appropriations from the NC Political Parties Financing Fund. Makes conforming changes to GS 163-278.5 and GS 163-278.23.
Makes clarifying changes to GS 163-55(a), choosing to specify use of the term "precinct" to identify where a person is to vote (was, precinct, ward, or other election district). Clarifies that a person must have resided in the precinct in which that person votes for 30 days preceding an election; however, also provides that no person is to be deprived of the right to vote in a precinct from which the person has been removed until 30 days after the person's removal. Amends subsection (b) to delete provision regarding an election district that encompasses more than one precinct.
Amends GS 163-82.15(e), regarding a person's failure to report a move to another precinct within the county, to delete provision that permitted a voter subject to this subsection to vote a provisional ballot under GS 163-166.11. Amends GS 163-166.11(5), regarding provisional voting requirements, to provide that the ballot of a voter who did not vote in the proper precinct under GS 163-55 or a central location as provided by that section will not be counted. Makes a technical change to GS 163-182.2(a)(4).
Amends GS 163-278.6(8j) to modify the definition of the term electioneering communication to include as a characteristic that the communication is aired or transmitted after September 15 in the case of a general election in November of an even-numbered year and within 60 days of the time set for absentee voting in any other election year.
Amends GS 163-329(b1) to provide that when a vacancy for the office of justice of the state Supreme Court, judge of the Court of Appeals, or the judge of superior court occurs less than 64 days before the date of the second primary, a general election for all the candidates is to be held on the same day as the general election for members of the General Assembly and the results will be determined on a plurality basis as provided by GS 163-292. Deletes provisions regarding the use of the "instant runoff" voting method to determine the winner.
Enacts new GS 163-166.11A to require an election official who issues a provisional ballot to a voter to annotate in writing or other means on the ballot that it is a provisional ballot.
Amends GS 163-278.13(d) to make changes to the election cycle. Effective January 1, 2014.
Amends the definition of political committee in GS 163-278.6(14) to require the entity make or accept anything in excess of $500 of value (was, accepts anything of value) to make, contributions or expenditures and has one or more of the specified characteristics.
Requires the Joint Legislative Elections Oversight Committee to study conforming political committees, electioneering communications, and independent expenditures reporting schedules to similar dates and information and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 Regular Session.
Amends GS 163-278.39 by removing the following from the requirements that must be met in order for any sponsor to sponsor an ad that constitutes an expenditure, independent expenditure, electioneering communication, or contribution required to be disclosed: (1) sponsor statement in the ad of the sponsor's position for or against a ballot measure; (2) disclosing the names of the individuals making the five largest donations to the sponsor within the six month period before the purchase of the ad if those donations are required to be reported, when the ad is a print ad supporting or opposing the nomination or election of nor or more clearly identified candidates that is an independent expenditure; and (3) disclosure by the sponsor of the names of those making the five largest donations to the sponsor within the six months before the ad purchase if those donations are required to be reported, in the case of a print ad that is an electioneering communication.
Requires the Joint Legislative Elections Oversight Committee to study the elimination of the 48 hour campaign finance reported provided by GS 163-278.9(4a), and recommend legislation. Allows an interim report before the General Assembly reconvenes in 2014 and requires a final report before the convening of the 2015 Regular Session.
Amends GS 120-133 to add that nothing in the statute or in GS Chapter 132 is to be construed as a waiver of the common-law attorney client privilege nor of the common law work product doctrine with respect to legislators.
Amends GS 14-309.15 to allow candidates and political committees to conduct raffles. Defines candidate and political committee.
Includes a severability clause.
Except as otherwise provided, the act is effective January 1, 2014.
Summary date: Jul 23 2013 - More information
Senate committee substitute to the 5th edition is to be summarized.
Summary date: Apr 24 2013 - More information
House amendment #1 makes the following changes to the 4th edition.
Provides that the State Board of Elections (Board) will work with county boards of elections in counties where there are not DMV offices that are open five days a week in order to communicate information about availability and schedules of the DMV mobile units and to provide volunteers to assist voters with obtaining photo identification through those mobile units or any other local government that makes identification available. Similar requirements are also added to the education and publicity requirements found in Section 17 of the bill.
Creates new Section 18.5 of the act that provides that the Board will reimburse any local government for direct costs incurred by issuing photo identification if the local government meets five specified requirements, including being located in a county where there is no DMV driver's license office open five days a week.
Deletes part 2 of the enactment clause, substituting and providing that Part II of this act becomes effective October 1, 2013, and applies to primaries and elections conducted on or after that date. Notwithstanding GS 163-166.13 or GS 163-87(5), as enacted by this act, at any primary or election between October 1, 2013, and January 1, 2016, any registered voter who does not present identification or whose photo identification does not bear any reasonable resemblance to the voter (i) shall be permitted to vote and will not be required to vote a provisional or a challenged ballot and (ii) will not be challenged for failure to present photo identification.
House amendment #5 makes the following changes to the 4th edition.
Amends GS 163-166.13 (Photo identification requirement for voting in person), providing that a tribal enrollment card which meets five specified criteria, including being signed by an elected official of the tribe and being issued by a federal or state recognized tribe pursuant to GS Chapter 71A, will meet the requirements of an approved photo identification for purposes of this section.
House amendment #6 makes the following changes to the 4th edition.
Amends GS 163-166.13(a), providing an exception to the requirement to present photo identification before voting for registered voters that are victims of a natural disaster occurring within 60 days before election day that resulted in a disaster declaration by the US President or the NC Governor who declares the lack of photo identification due to the natural disaster. Makes a conforming deletion in proposed GS 163-182.1A.
Summary date: Apr 23 2013 - More information
House committee substitute to the 3rd edition make the following changes.
Amends GS 163-166.13 to specify that the requirements apply to every qualified voter (was, every individual) voting in person. Adds to the definition of photo identification a tribal enrollment card issued by a federally recognized tribe that bears either a date of expiration or a date of issuance and that is not more than 10 years beyond the date of expiration or issuance, whichever is later.
Amends GS 163-166.9 to delete the provision allowing a qualified voter to comply with the identification requirement in GS 163-166.13(a) by completing a declaration stating the indentity of the qualified voter that contains five specified items.
House committee substitute makes the following changes to the 1st edition.
Provides that the Voter Information Verification Advisory board (VIVA) is established within the State Board of Elections.
Directs VIVA to advise the State Board of elections on the specifiedactions (was, directed VIVA to do all of the specified acts). Makes adjustments in language and organization to reflect the modification from "doing" to "advising." Deletes provision permitting the Executive Director of the State Board of Elections to instruct the State Board of Elections tohire up to 14 persons to assist the VIVA Board established under this Part. Instead, directs the Executive Director to assign staff to support theVIVA board in fulfilling the duties and responsibilities of this act. Directs the State Board of Elections to disseminate information about voter ID requirements for voting and obtaining appropriate photo identification (was, directed the State Board to utilize staff in disseminating information).
Requiresthat every person voting in accordance with Article 14A of GS Chapter 163,163-82.6A, 163-166.7, 163-166.9, 163-227.2, or 163-182.1A must present photo identification that reasonably resembles that voter to a local election official before voting. Makes the following exceptions: (1) permits a voter who is voting curbside topresent identification under GS 163-166.9 (curbside voting) or (2) does not require a photo identification for a voter that has filed a declaration in accordance with GS 163-82.7Aleast 25 days before the electionand hasa sincerely held religious objection to being photographed.
Deletes "tribal identification card" as an acceptable photo identification for purposes of this section and adds an identification card issued by a unit of local government, public authority, or special district as defined in GS 159-7; a card issued for a government program of public assistance; or a veterans identification cardas forms of acceptable photo identification. Deletes provision that this section does not apply to a registered voter with a permanent physical or mental disability recognized by a state or federal agency that makes such determinations.Enacts new GS 163-166.14 to provide for the evaluation of a photo identification presented that does not bear any reasonable resemblance to that voter. Specifies the details for the evaluation process and provides that the voter may vote on a provisional ballot ifthe judges of electionresolve by a unanimous vote that the photo presented does not resemble the voter.
Amends GS 163-82.6A(b), GS 163-166.7(a), and GS 163-227.2(b)to delete provisions that permit a voter without appropriate photo identification to vote a provisional official ballot.
Makes conforming changes to GS 163-166.9 (curbside voting). Makes organizational and clarifying changes to new GS 163-182.1A and GS 20-37.7(d). Makes clarifying changes to GS 163-87 and GS 163-229(b).Makes conforming changes toGS 130A-93.1, adding a new subsection (c) and GS 163-275(13).
Amends GS 163-230.1(a1) regardinga voter's inability to go to vote due tosickness or physical disability to provide that county board of elections may personally deliver the application and ballots.Amends GS 163-230.2 to provide that the form for requesting an absentee ballot may be reproduced. Makes additional changes to clarify the information that must be included on the request for an absentee ballot. Amends GS 163-231 to clarify that the two persons required to witness the voter's marking of an absentee ballot must also sign the application and certificate as witnesses and indicate their addresses.
Amends GS 163-226, defining the term verifiable legal guardian to mean an individual appointed guardian under GS Chapter 35A. Provides that for a corporation appointed guardian under that chapter, the corporation may submit a list of 10 named individuals to the State Board of Elections who may act for that corporation under Article 35A.
Makes further changes to provide additional guidelines to be applied should the State Board of Elections choose to publish a voter guide to present the voter identification proceduresand requirements. Directs the State Board of Elections to reimburse the Division of Motor Vehicles, the State Registrar, and the county registers of deeds for direct costs incurred in administering the fee waivers authorized in Sections 13 and 14 of this act. Requires the State Board of Elections to include a statement onall forms, prominently displayed, declaring that submitting falsely or fraudulently completed declarations is a Class I felony under GS Chapter 163.
Part I of this act (establishing VIVA) is effective July 1, 2013 (was, when it becomes law),and expires December 31, 2016. Section 13 of this act, amending GS 20-37.7(d)and Section 14, amending GS 130A-93.1 and GS 161-10(a)(8),iseffective October 1, 2013. Section 16, amending GS 163-229(b) andGS 163-230.1, is effective January 1, 2014, and applies to primaries and elections conducted on or after that date.
Provides that at any election betweenOctober 1, 2013, and January 1, 2016, anyregistered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each election between October 1, 2013, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting.
Unless otherwise specified, effective when the act becomes law.
Provides that this act is effective only if the General Assembly appropriates funds in the Current Operations Appropriations Act of 2013 to implement it.
House committee substitute to the 2nd edition makes the following changes. Amends GS 20-37.7 to provide that the special identification card fee also does not apply when the card is issued to a state resident if the applicant is appearing for the purpose of registering to vote and does not have other acceptable photo identification. The applicant must sign a declaration providing as such to get the id for free. The declaration must also include penalty for making a false declaration.
Summary date: Apr 17 2013 - More information
House committee substitute changes to the 1st edition are to be summarized.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.