Bill Summaries: H514 UNIFORM MILITARY AND OVERSEAS VOTERS ACT.

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  • Summary date: Jun 23 2011 - View Summary

    AN ACT TO ADOPT PROVISIONS OF THE UNIFORM MILITARY AND OVERSEAS VOTERS ACT PROMULGATED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAW, WHILE RETAINING EXISTING NORTH CAROLINA LAW MORE BENEFICIAL TO THOSE VOTERS. Summarized in Daily Bulletin 3/29/11, 5/12/11, and 6/9/11. Enacted June 20, 2011. Effective January 1, 2012.


  • Summary date: Jun 9 2011 - View Summary

    Senate committee substitute makes the following changes to 2nd edition.
    Amends GS 163-82.10(a) to provide that an electronic mail address (e-mail) submitted under proposed Article 21A of GS Chapter 163 is included among the voter registration data that is confidential, not considered a public record, and not subject to disclosure to the general public under GS Chapter 132. Makes technical changes.


  • Summary date: May 12 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Amends proposed GS 163-258.6(b) to delete provision requiring that declarations be received by the deadline to register to vote in GS 163.82.6(c), when a covered voter applies to register to vote simultaneously with the submission of a federal write-in absentee ballot. Creates new subsection (d) to GS 163-258.6 providing that the deadline for receipt of voter registrations is 5:00 p.m. the day before an election. Amends proposed GS 163-258.8 to clarify that an application is considered a valid absentee ballot request for any election covered under GS 163-258.3 held during the calendar year in which the application was received, and that an application for a military-overseas ballot is timely if received by 5:00 p.m. the day before the election.
    Amends proposed GS 163-258.9(a) to require absentee ballots for municipal elections be available no later than 30 days before an election. Clarifies that for second primaries that include candidates for federal office, the county board of elections must transmit ballots to specified covered voters no later than 45 days before the second primary. Provides that for second primaries that do not include a candidate for federal office, the transmission of ballots must be as soon as practicable, and must be transmitted electronically no later than three business days, and by mail no later than 15 days, from the date the board of elections orders a second primary.
    Amends proposed GS 163-258.10 to clarify that a military-overseas ballot is valid if it is received by the appropriate county board of elections no later than the close of the polls, or if the voter submits the ballot for mailing, electronic transmission, or other authorized means of delivery, not later than 12:01 a.m. at the place the voter completes the ballot on election day (was, must be received by the county board of elections no later than 5:00 p.m. on the third day after election).
    Amends proposed GS 163-258.16 by directing, for a second primary required by GS 163-111, the county board of elections to prepare, no later than the day following the date the appropriate board of elections orders that a second primary be held, an election notice for that jurisdiction to be used in conjunction with the federal write-in absentee ballot.
    Adds new section to amend GS 163-111(e) to require that a second primary required under the statute must be held 10 weeks after the first primary if any of the offices for which a second primary is required are for a candidate for the U.S. Senate or the U.S. House of Representatives; otherwise the second primary must be held seven weeks after the first primary.
    Adds new section to amend GS 163-234(2) to authorize the county board of elections to begin counting absentee ballots issued under Article 21A of GS Chapter 163 between 9:00 a.m. and 5:00 p.m. (previously could not do so before 2:00 p.m.) on election day.
    Makes other technical, clarifying, and conforming changes.


  • Summary date: Mar 29 2011 - View Summary

    Adds new GS 163-258.2 to define 'covered voter,' 'dependent,' 'military-overseas ballot,' 'overseas voter,' 'state,' 'uniformed service,' 'uniformed-service voter,' and 'United States.'
    Adds new GS 163-258.3 to specify to what elections the voting procedures apply.
    Adds new GS 163-258.4 to direct the State Board of Elections to implement the Article and to do the following: (1) make information available regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots; (2) establish an electronic transmission system through which covered voters may apply for and receive voter registration materials, military-overseas ballots, and other pertinent information; (3) develop standardized absentee-voting materials to be used with the military-overseas ballot; and (4) prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations as to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of military-overseas ballot, based on certain federal provisions.
    Adds new GS 163-258.5 to specify the address that must be used by an overseas voter.
    Adds new GS 163-258.6 to (1) allow a covered voter to use a federal postcard application or a declaration accompanying the federal write-in absentee ballot to apply to register to vote and (2) direct the State Board of Elections to ensure that its electronic transmission system is capable of accepting both a federal postcard application and any other approved electronic registration application.
    Adds new GS 163-258.7 to prescribe the allowable methods by which an authorized voter who is either registered to vote in this state or not registered to vote in this state may apply for a military-overseas ballot.
    Adds new GS 163-258.8 to specify that: (1) an application for a military-overseas ballot is timely if received by the deadline prescribed in GS 163-230.1(a) and (2) an application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.
    Adds new GS 163-258.9 to specify the time period by which ballots and balloting materials must be sent to covered voters.
    Adds new GS 163-258.10 to specify when a military-overseas ballot must be received by the appropriate county board of elections to be valid.
    Adds new GS 163-258.11 to specify that a covered voter may use the federal write-in absentee ballot, in accordance with federal law, to vote for all offices and ballot measures in a covered election.
    Adds new GS 163-258.12 to specify that a valid military-overseas ballot must be counted if it is delivered within a certain, specified time period, even if it has a late postmark, an unreadable postmark, or no postmark.
    Adds new GS 163-258.13 to require each military-overseas ballot to include or be accompanied by a declaration signed by the voter declaring that a material misstatement of fact in completing the document may be grounds for a conviction of perjury.
    Adds new GS 163-258.14 to direct the State Board of Elections to implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether the voter's application has been received and whether the voter's military-overseas ballot has been received and its current status.
    Adds new GS 163-258.15 to direct the county board of elections to request an electronic-mail address from each covered voter who registers after January 1, 2012, to be used only for official communication with the voter about the voting process and to transmit ballots and election materials. Allows a covered voter to make the voter's application for a military-overseas ballot a standing request for a specified period of time.
    Adds new GS 163-258.16 to require each county board of elections to prepare and update an electronic notice that contains certain information and complies with certain legal provisions. Authorizes a covered voter to request a copy of the electronic notice.
    Adds new GS 163-258.17 to specify that certain mistakes or omission by a voter will not invalidate a document submitted under Article 21A.
    Adds new GS 163-258.18 to authorize a court to issue an injunction or grant other equitable relief to ensure substantial compliance with, or enforce, Article 21A.
    Adds new GS 163-258.19 to specify that the Act be applied and construed with consideration of the need to promote uniformity of the law.
    Adds new GS 163-258.20 to specify the relation of the Act to the federal Electronic Signatures in Global and National Commerce Act.
    Repeals Article 21 of Chapter 163, except for certain, specified provisions that it recodifies as GS 163-258.21 though GS 163-258.26. Makes conforming changes to those statutory provisions.
    Makes conforming changes to GS 163-22(k), GS 163-231(b), GS 163-232.1(b), and GS 163-239.
    Effective January 1, 2012.