OMNIBUS ELECTION CLARIFICATIONS (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 403 (Public) Filed Monday, March 25, 2013
AN ACT TO AMEND AND CLARIFY VARIOUS PROVISIONS OF THE ELECTION LAWS.
Intro. by Bingham.

Status: Ch. SL 2014-111 (Senate Action) (Aug 6 2014)

SOG comments (2):

Long Title Change.

Senate committee substitute changes the long title. The original long title was as follows:

A BILL TO BE ENTITLED AN ACT TO AMEND THE UNIFORM PRUDENT INVESTOR ACT AND TO MAKE CONFORMING CHANGES TO THE LAWS REGULATING CEMETERIES AND THE PRACTICE OF FUNERAL SERVICE AS RELATED TO TRUST FUNDS

Long title change

House committee substitute to the 3d edition changed the long title. Previous long title was A BILL ENTITLED AN ACT TO AMEND THE LAWS REGULATING INVESTMENTS OF CEMETERIES AND PRE-NEED FUNERAL FUNDS.

Bill History:

S 403/S.L. 2014-111

Bill Summaries:

  • Summary date: Aug 14 2014 - More information

    AN ACT TO AMEND AND CLARIFY VARIOUS PROVISIONS OF THE ELECTION LAWS. Enacted August 6, 2014. Effective August 6, except as otherwise provided.

     

  • Summary date: Jun 24 2014 - More information

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

    Amendment #1

    Deletes proposed changes to GS 163-111(e), concerning the dates of second primaries and procedures as well as the ability of a voter to vote in two primaries upon moving.

    Amendment #4

    Amends GS 163-287 to require a special election called by a local government or special district to also be held at the same time as any other election requiring all the precincts in the county to be open or at the same time as a municipal general election, if the special election is within the jurisdiction of the municipality only (previously, only required them 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). Effective January 1, 2015, applying to all special elections held on or after that date. 

    Amendment #5

    Amends GS 163-278.12(j)(1) requiring the treasurer of a candidate for statewide office to electronically file each report required by this section that shows a cumulative total for the election cycle in excess of $5,000 in contributions, expenditures, or loans.

    Amends GS 163-278.12(j) adding subsection (4) requiring the treasurer of all other political committees to electronically file each report required by this section that shows a cumulative total for the election cycle in excess of $10,000 in contributions, expenditures, or loans.

    Amends GS 163-278.12(j), making a conforming change, replacing "five thousand dollars" to "the stated amount."

    Applies to reports filed on or after January 1, 2017.


  • Summary date: Jun 19 2014 - More information

    House committee substitute deletes all the provisions of the 3rd edition and replaces it with AN ACT TO AMEND AND CLARIFY VARIOUS PROVISIONS OF THE ELECTION LAWS.

    Amends GS 163-106(b) regarding eligibility to file as a candidate in a party primary to prohibit a person from filing a notice of candidacy in a party primary unless that person has been affiliated with that party for at least 90 days as of the date that the person files the notice. Effective January 1, 2015, and applies to elections held on or after that date.

    Amends GS 163-165.6(c) to apply the provisions regarding the order of candidates on official ballots to candidates whether the primary is partisan or nonpartisan and apply to any nonpartisan general election ballot item under Article 25 of GS Chapter 163. Provides that the same random selection process is to be used for all primaries and elections in a calendar year.

    Amends GS 163-277.2(g2) to provide that regardless of the requirements of subsections (g) and (g1) of this section if any county board of elections provides for one or more sites during the 2010 or 2012 general election, the county must provide the specified items. Provides that the phrase "cumulative total number of scheduled voting hours" includes those at the office of the county board of elections or the reasonably close alternate site approved under subsection (g) of this session.

    Amends GS 115C-47 to make a conforming change deleting a reference to preregistration in high schools.

    Amends Section 5.3 of SL 2013-381 to clarify that public education on the requirement that voters must have photo identification in order to vote in person beginning in 2016 will be included as a brief statement in the notices of elections published by county boards of elections under GS 163-33(8) for the 2014 primary and the 2015 general election.

    Amends GS 163-166.14(e) to clarify that the individuals made available by the county board of elections to engage in the review required under subsection (b) of this section of voters presenting photo identification to a local election official at a time other than on election day, may reside anywhere in the county or may be an employee of the county or the state.

    Amends GS 163-166.13(e) to provide that in instances where photo identification is presented for voting purposes, if the individual presents a US military identification card or a Veterans Identification Card issued by the US Department of Veterans Affairs, there is no requirement that the identification card have a printed expiration or issuance date. Provides that if the individual presents as photo identification for voting purposes a tribal enrollment card issued by a federally recognized tribe that lacks a printed expiration date, the card is acceptable if it has a printed issuance date that is not more than eight years before the date it is presented for voting.

    Amends Section 38.1(b) of SL 2013-381 to provide that the repeal of GS 163-278.99E(d) (requiring the Board of Elections to publish a Voter Guide) is governed by subsection (l) of this section, which provides that the repeal becomes effective when the funds for publishing the Judicial Voter Guide in GS 163-278.69 are exhausted.

    Makes technical and clarifying changes to GS 163-278.40H.

    Amends GS 163-302(a) to remove language which prohibits absentee voting in any municipal election unless the election is conducted by the county board of elections.

    Amends GS 163-231(a)(5), concerning the procedure for voting absentee ballots, to provide that failure to list a zip code does not invalidate the application and certificate.

    Amends GS 163-82.15(e), concerning unreported moves to another precinct in the same county, adding the option that if a registrant appears at an old precinct they may be permitted to vote by a provisional ballot and the ballot will count as far as it is determined the individual was eligible to vote under State or federal law.

    Repeals GS 163-166.11(5), concerning not counting provisional ballots if the voter did not vote in the proper precinct.

    Amends GS 163-182.2(a)(4), concerning provisional ballots, making organizational and clarifying changes. Provides that if a provisional ballot is found to be valid and eligible, pursuant to the specified requirements, then it will be counted by the county board of elections before the canvass. If the ballot is found to not be valid or eligible because the voter did not vote in the proper precinct, is not registered in the county, or is not otherwise eligible to vote, the ballot will not be counted (previously, allowed a ballot to be counted for certain ballot items if the ballot was found eligible and valid for that specific ballot item).

    Amends GS 138A-22, concerning statements of economic interest providing that candidates required to file the statements must file with the Commission within 10 days of the filing deadline for the office sought.Deletes provisions which required the statement to be filed at the same place and same manner as the notice of candidacy. Also deletes provisions that required individuals nominated pursuant to GS 163-114, after the primary and before the general election as well as an individual who qualifies pursuant to GS 163-122, as an unaffiliated candidate, to file the statement with the county board of elections in each county in the senatorial or representative district. Sets out a three day deadline to file the statement for unofficial candidates, write in candidates, and candidates of a new party. Requires the State Board of Elections to provide notification of the statement requirement for any individual who is a nominee pursuant to GS 163-114. Adds requirement that the State Board of Elections must send a notice of an individual qualifying to be on the ballot, within five days ofsuch qualification, to the State Ethics Commission. Deletes provisions requiring county boards of elections to forward filed statements of economic interest to the State Board of Elections and then from the Board to the State Ethics Commission for evaluation.Effective January 1, 2015, applying to statements of economic interest filed on or after that date.

    Amends GS 20-9.2, concerning selective service system registration,to provide that this section does not apply to special identification cards issued pursuant to GS 20-37.7(d)(5) or (6).

    Amends GS 163-226.3(a)(7), GS 163-237(b1) and GS 163-275(16) to delete statutory references to GS 163-250(a).

    Amends GS 163-89, concerning challenging absentee ballots, updating a statutory reference.

    Enacts new GS 163-82.14(e) providing that the State Board of Elections has the authority to perform list maintenance pursuant to this section, with the same authority as the county board.

    Amends GS 163-111(e), concerning the dates of second primaries and procedures, providing that a registered voter that votes in a primary, moves to another county in the State prior to a second primary, qualifies to vote in the new precinct and registers in a timely manner is allowed to vote a provisional ballot in that precinct for the second primary and will have the ballot counted for all the ballot items the county board determines the individual was eligible to vote. Effective January 1, 2015, applying to all elections occurring on or after that date.

    Amends GS 160A-102, concerning the amending of a city or town charter to implement the optional forms in GS 160A-101, providing that if a special election is held, in regards to amending the charter, the date fixed for the special election will be the next date permitted under GS 163-287(a) which is more than 70 days after the adoption of an ordinance amending the charter (was, could not be more than 90 days after the adoption of the ordinance).


  • Summary date: May 9 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Deletes Section 1 of the act, proposed changes to GS 36C-9-901(d)(1).

    Amends GS 65-60.1(e), providing that trustees must invest and reinvest cemetery trust funds in accordance with GS Chapter 36C, Article 9 (was, GS 32-71).

    Amends GS 90-210.61(a)(1) to provide that if a pre-need funeral contract purchaser chooses to fund the pre-need funeral contract by a trust deposit or deposits, then the pre-need licensee must deposit all funds with a financial institution, in trust, in the pre-need licensee's name as trustee and invest and reinvest funds in accordance with GS Chapter 36C, Article 9. Also provides that the pre-need licensee can establish an individual trust fund for each pre-need funeral contract, as well as being specifically authorized to establish commingled trust accounts for investment and reinvestment of pre-need funeral funds of multiple pre-need funeral contracts. Makes additional conforming changes to GS 90-210.6(a)(1) regarding pre-need funeral funds as related to trust funds.

     


  • Summary date: Mar 25 2013 - More information

    Amends GS 36C-9-901(d)(1), which provides that the Uniform Prudent Investor Act (Article 9, GS Chapter 36C) does not apply to specified trusts, unless the trust provides otherwise via specific reference to Article 9, to remove trusts that are created by a legislative act from among those trusts to which Article 9 does not apply.

    Makes conforming changes to and amends GS 65-60.1(e) to require that any trustee invest and reinvest cemetery trust funds in accordance with GS 32-71, which imposes a reasonable and prudent person standard of care on any fiduciary of the property of others.

    Amends GS 90-210.61(a)(1) to provide that if a pre-need funeral contract purchaser chooses to fund the pre-need funeral contract by a trust deposit or deposits, then the pre-need licensee must deposit all funds within 30 days from the end of the calendar month in which the payment is received in accordance with the provisions of GS 32-71. Makes additional conforming changes to GS 90-210.6(a)(1) regarding pre-need funeral funds as related to trust funds.


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