The Daily Bulletin: 2022-06-20

The Daily Bulletin: 2022-06-20

The Daily Bulletin: 2022-06-20

PUBLIC/SENATE BILLS
S 915 (2021) CONFIRM NELS ROSELAND/STATE CONTROLLER. Filed Jun 20 2022, A JOINT RESOLUTION RELATING TO THE CONFIRMATION OF NELS ROSELAND AS STATE CONTROLLER.

Includes whereas clauses. Provides that the NCGA must consider whether to confirm Nels Roseland to the Office of State Controller for a term of July 1, 2022, to June 30, 2029.

Intro. by Rabon.JOINT RES
S 916 (2021) SAFEGUARD FAIR ELECTIONS ACT. Filed Jun 20 2022, AN ACT TO PROVIDE INCREASED PROTECTIONS FOR VOTERS AND ELECTIONS OFFICIALS AGAINST VARIOUS FORMS OF INTERFERENCE WITH AN ELECTION AND TO APPROPRIATE FUNDS FOR CERTAIN PURPOSES.

Part I.

Enacts GS 163-275.1, creating the following crimes related to voting in elections. Makes it a Class H felony to do any of the following: (1) threaten or attempt to threaten a person for voting or attempting to vote, for voting or attempting to vote for or against a particular candidate, for registering to vote, for urging or aiding any individuals to vote or attempt to vote as authorized by law, or for exercising any lawful powers or duties as an election official or enlisting another person to do so; (2) knowingly challenge a person’s right to vote on fraudulent or spirituous grounds; (3) engage in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or to delay the process of voting or the lawful and orderly administration of an election; or (4) fraudulently advise any person that the person is not eligible to vote or is not registered to vote.

Makes it a Class H felony for an employer to (1) enclose an employees’ pay in envelopes upon which or in which there is written or printed the name of any candidate or political mottoes, devices, or arguments containing threats, intended or calculated to influence the political opinions or actions of the employees; or (2) in any way communicate that an employees’ pay or continued employment is conditioned on voting or not voting, or voting or not voting for a specific candidate.

Makes it a Class A1 misdemeanor to intimidate or coerce, or attempt to intimidate or coerce, any person for voting or attempting to vote, for voting or attempting to vote for or against a particular candidate, urging or aiding any persons to vote or attempt to vote as allowed by law, or exercising any lawful powers or duties as an election official or enlisting another person for the purpose of doing the same.

Establishes that a person will be found to have intimidated or coerced another person if the person knew or reasonably should have known that his or her actions would produce that effect. Defines coerce, intimidate, and threaten. Establishes a right of action for a person aggrieved by a violation of new GS 163-275.1 for preventative relief; permits a court to award the prevailing party reasonable attorneys’ fees.

Enacts new GS 153-275.3, authorizing a court to order any person convicted of violating Article 22 of the Chapter, which governs corrupt practices and other offenses against the elective franchise, to pay a restitution fine, at an amount at the court’s discretion, to be deposited in the Voter Intimidation Restitution Fund (Fund), established by the act. Directs that funds appropriated to the Fund are to be allocated to the State Board of Elections (State Board) for voter education campaigns relating to these crimes, as specified.

Part II.

Makes organizational changes to Article 22, GS Chapter 163. Enacts GS 163-278.1A, making any person who intimidates, threatens, coerces, or attempts to do the same to an election worker, with the intent to impede, intimidate, or interfere with their official duties, liable for civil damages of up to $100,000, imprisonment of up to five years, or both. Defines election worker to include election volunteers. Provides immunity for election workers acting in good faith to prevent election interference or preserve ballot access. Amends GS 163-278 to authorize the State Board and district attorneys to investigate, prosecute, and seek increased penalties for violations of new GS 163-278.1.

Part III.

Enacts new Article 15B, GS Chapter 163, cited as the Safeguard Fair Elections Act. Sets forth legislative findings and defined terms. Makes it a Class 1 misdemeanor punishable by a fine of up to $10,000 for a public official to perform or communicate the intention to perform an official act in which the official, without substantial evidence (as defined) refuses to certify the actual results or count of an election. Makes such action or communication of intention an automatic resignation from office, and deems any such official act void.

Part IV.

Amends GS 163-182.12A, establishing seven criteria with which the State Board of Elections must ensure post-election audits comply, including being conducted by nonpartisan officials with expertise in elections, preserving ballot secrecy and voter privacy, and requiring audit procedures to be established before election day and before results are known. Prohibits public officials from providing funding for or participating in a post-election audit or review that fails to comply with the State Board’s best practices that meet the described criteria.

Enacts GS 163-182.12B, directing the State Board to conduct, in each county, a risk-limiting audit after the general election, where a hand-to-eye recount is made of randomly selected ballot samples in a contest that provides strong statistical evidence that the machine-counted results are correct and based on a risk limit, meaning the largest chance that an incorrect outcome of a contest could escape correction by the audit. Specifies that the audit must not change the results of an election.

Part V.

Amends GS 163-45, which gives the chair of each political party in the county the right to designate two observers to attend each voting place at each primary and election. Adds the requirement that the observers complete training before acting as an observer and complete additional training at least once every two years. Requires the State Board to establish training standards and requirements for observers. Makes conforming changes. Removes the provision prohibiting observers from taking an oath of office; instead requires that observers sign a sworn oath that the observer will not do any electioneering at the voting place, and will not impede the voting process or interfere or communicate with or observe any voter in casting a ballot. Adds the requirement that while observing, observes must wear clear identification, that includes the observer's name, role, and partisan affiliation.

Requires the State Board, to collaborate with county boards of elections, to: (1) ensure election administrators are adequately compensated equitably throughout the State; (2) ensure clear and conspicuous notices are placed at voting locations establishing clear rights and responsibilities for voters, poll workers, and observers; and (3) develop a statewide, uniform system of reporting incidents of voter intimidation anonymously.

Part VI.

Enacts new GS 163-49 allowing a precinct official to file written notice with the State Board requesting that the precinct official and the precinct official's immediate family be placed on a list that prohibits disclosing personally identifiable information in public records when the precinct official deems the official or the official's immediate family is at risk of intimidation, threat, or coercion in response to official election duties. Defines personally identifiable information to include any of the following: (1) a person's home address, home or mobile phone number, pager number, or personal email address; (2) a photo of a person; (3) directions to a person's home; (4) a photo or description of a person's home, vehicle, or vehicle license plate. Requires the State Board to develop the process and criteria for precinct officials requesting this nondisclosure, including providing a way to notify the county boards of elections and other entities of the request.

Part VII.

Appropriates $250,000 in recurring funds for 2022-23 from the General Fund to the State Board for biennial security training for election officials and their immediate family members. Requires that the training include, at least: (1) best practices for using social media and other forms of online engagement and maintaining online privacy; (2) home security program and maintenance; (3) understanding removal programs and requirements for election officials' personally identifiable information in accordance with this act; and (4) any other security training deemed relevant. Effective July 1, 2022.

Part VIII.

Appropriates $2 million for 2022-23 from the General Fund to the State Board to establish, in coordination with the Department of Justice and Public Safety, a new threat management capability for monitoring all-source information that will: (1) provide a threat monitoring and analysis capability for the protection of election officials and their immediate family members; (2) coordinate social media monitoring and threat assessments; (3) proactively manage the monitoring of websites for election officials' personally identifiable information and report violations to the appropriate law enforcement authorities; (4) maintain files of escalating behaviors and work in conjunction with the appropriate law enforcement to counteract overt acts of aggression; (5) maintain a database of each election official to catalogue complaints, including the specified information of the individual(s) engaging in threatening behavior; and (6) coordinate complaints by election officials of all sources and other online threats, whether direct or indirect, with law enforcement partners. Effective July 1, 2022.

Part IX.

Includes a severability clause.

Intro. by Chaudhuri, Murdock.APPROP, GS 163

The Daily Bulletin: 2022-06-20

The Daily Bulletin: 2022-06-20

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2022-06-20

PUBLIC BILLS

H 144: MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW)

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

H 169: STATE HEALTH PLAN DATA TRANSPARENCY.-AB

    House: Ref To Com On Rules, Calendar, and Operations of the House

H 252: BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW)

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub
    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

H 327: VARIOUS ADMINISTRATIVE LAW CHANGES. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 332: HISTORIC SITES-PROPERTY SALE REVENUE.

    Senate: Reptd Fav

H 425: DEVELOPMENT REGULATIONS/MULTIJURISDICTION.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

H 619: WESTON'S LAW. (NEW)

    Senate: Reptd Fav

H 695: MODIFY CHARITABLE SOLICITATION LICENSING LAWS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

H 869: STATE BAR GRIEVANCE PROCESS/ETHICS RECORDS. (NEW)

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

H 990: MEDICAID HOSPITAL ASSESSMENTS ADJUSTMENTS. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 1068: UNC NON-APPROPRIATED CAPITAL PROJECTS. (NEW)

    Senate: Reptd Fav

H 1172: URGE CONGRESS/OPPOSE NEW SEC RULE.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1173: ELECT SBE MEMBERS/SUPER AS CHAIR OF SBE.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 1174: URGE CONGRESS/OPPOSE NEW SEC RULE.

    House: Passed 1st Reading
    House: Cal Pursuant 32
    House: Placed On Cal For 06/22/2022

S 38: SPORTS WAGERING AMENDMENTS. (NEW)

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Finance Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Finance Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

S 138: FUNERAL DIR. EXAM/DEATH CERTS. (NEW)

    House: Withdrawn From Com
    House: Re-ref to the Com on State Government, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on State Government, if favorable, Rules, Calendar, and Operations of the House

S 278: PROP./FAM. LAW-REIMBURSE PROP. EXPENDITURES.

    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 06/21/2022

S 372: ELECTRICAL LIC./BLDG. CODE/DEV. REFORM 2022. (NEW)

    Senate: Ratified

S 762: NORTH CAROLINA FARM ACT OF 2022.

    House: Withdrawn From Com
    House: Re-ref to the Com on Agriculture, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

S 915: CONFIRM NELS ROSELAND/STATE CONTROLLER.

    Senate: Filed

S 916: SAFEGUARD FAIR ELECTIONS ACT.

    Senate: Filed

Actions on Bills: 2022-06-20

LOCAL BILLS

H 993: SCHOOL CALENDAR FLEXIBILITY/STANLY COUNTY.

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 995: GREENSBORO DEANNEX/WELDON CITY BD OF ED PAY. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 1004: TROUTMAN CHARTER REVISED & CONSOLIDATED.

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

H 1012: JACKSONVILLE DEANNEX/SOUTHERN PINES/ETJ. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

H 1026: NORTH WILKESBORO DEANNEXATION.

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 1044: BEECH MOUNTAIN AND MORGANTON DEANNEXATIONS. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 1065: CLYDE/ANDREWS DEANNEX; VARIOUS LAND TRANSFERS. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

H 1096: SURF CITY DEANNEXATION.

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

H 1162: CATAWBA/NEWTON-CONOVER/HICKORY BD OF ED ELECT. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 773: GOLDSTON SATELLITE ANNEXATIONS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

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