Bill Summary for H 514 (2011-2012)

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Summary date: 

Mar 29 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 514 (Public) Filed Tuesday, March 29, 2011
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.
Intro. by Martin, Killian

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Bill 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.