House committee substitute makes the following changes to 1st edition.
Deletes amendments made to GS 163-166.12 and instead codifies most changes previously made to that statute, related to the photo identification requirement for in-person voting, in new GS 163-166.13. New GS 163-166.13 requires every individual voting in person to present photo identification to a local election official at the voting place before voting. However, any voter with a disability who does not present photo identification will be permitted to vote if a person, at least 18 years of age, accompanying the voter with a disability executes an affidavit affirming that the voter with a disability is the same person registered to vote and, to the affiant’s knowledge, does not have required photo identification. Allows the voter with a disability to vote a ballot as if the voter met the photo identification requirement. Defines photo identification as one of the following items, provided it contains a photograph of the registered voter: (1) a NC drivers license issued under Article 2 of GS Chapter 20; (2) a special identification card for nonoperators issued under GS 20-37.7; (3) an identification card issued by a branch, department, agency, or entity of NC, another state, or the U.S.; (4) a U.S. passport; (5) an employee identification card issued by any branch, department, agency, or entity of the U.S. government, NC, or any local government, board, authority, or other entity of NC; (6) a U.S. military identification card; (7) a tribal identification card; or (8) a NC voter identification card issued under proposed GS 163-166.14.
Moves the provisions, providing for and explaining voter identification cards, from GS 163-166.13 in the previous edition to new GS 163-166.14. Clarifies that no registered voter (rather than person) is eligible for a NC voter identification card if the registered voter has a valid unexpired drivers license, learner’s permit, provisional license, or a special identification card issued under GS 20-37.7. Removes height and weight from the categories of information included on the voter identification card. Adds that the information collected by the county board of elections is subject to GS 163-82.10 (official record of voter registration) and GS 163-82.10B (date of birth kept confidential). Clarifies that a person may apply for and receive a new voter identification card if the person moves his or her residence in NC. Makes a clarifying change.
Makes conforming and clarifying changes to GS 163-82.6A(b) (concerning in-person registration and voting at one-stop sites) and GS 163-227.2(b) (alternate procedures for requesting absentee ballot). Makes conforming changes to GS 163-166.7(a) (checking registration) and adds that an individual may vote a provisional ballot if the individual does not present required identification. Retains new GS 163-182.1A in this edition, which provides for counting provisional ballots cast due to failure to provide valid photo identification. Makes conforming changes to GS 163-87 and deletes the amendment allowing an observer appointed under GS 163-45 to also enter challenges against voters in the precinct regardless of the observer’s place of residence. Makes other clarifying changes. Deletes provisions concerning the Voting Rights Act and preclearance, in relation to the photo identification requirement.
Makes clarifying and conforming changes to GS 20-37.7(d) and adds that a registered voter may obtain a special identification card under the statute without paying a fee, if the voter signs an unnotarized affidavit stating the voter is registered and has no other acceptable photo identification. Retains provisions concerning education and publicity of the photo identification requirement and funds appropriated from the General Fund, Help America Vote Act, NC Voter-Owned Elections Fund, and attorney membership fees. Clarifies that funds from the surcharge on attorney fees collected on or after July 1, 2011, may be used. These provisions retain the effective date of July 1, 2011.
Retains amendments to GS 163-230.2 (pertaining to absentee ballots) and deletes all other provisions in previous edition (candidate and treasurer duty and liability; State Board of Elections Chair term limit; prohibit piece-work payment for voter registration; prohibit pay-to-play). Makes a conforming change to the title.
Clarifies that, unless otherwise indicated, this act is effective when it becomes law and applies to primaries and elections conducted on or after January 1, 2012.