Bill Summary for H 1169 (2019-2020)

Summary date: 

Jun 9 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 1169 (Public) Filed Friday, May 22, 2020
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS RELATED TO ELECTIONS AND TO APPROPRIATE FUNDS TO THE STATE BOARD OF ELECTIONS IN RESPONSE TO THE CORONAVIRUS PANDEMIC.
Intro. by Grange, Dahle, D. Hall, Harrison.

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Bill summary

Senate committee substitute makes the following changes to the 5th edition.

Section 2

Makes organizational changes.

Amends proposed GS 163-226.3(c), regarding the composition of multipartisan teams. Now, of the team members required to represent the two political parties having the highest number of affiliated voters in the State, requires the team members to be recommended by the members of that political party serving on the county board of elections, rather than by the county chair of each respective political party. Clarifies that the proposed provisions applies to appointments to a multipartisan team on or after the date the act becomes law.

Section 4.5

Adds to the proposed changes to GS 163-182.2 to clarify that precinct officials are required to provide a preliminary report of the vote counting on election day to the county board of elections as quickly as possible (previously, did not specify the preliminary report is required on election day).

Eliminates the proposed changes to GS 163-166.11, regarding publication of the number of provisional ballots cast in an election by 5:00 p.m. the day after the close of polls. Instead, adds a requirement for county boards to publish the following information by 12:00 p.m. two days after the close of polls: the number of provisional ballots cast on election day, cast by one-stop absentee voting, cast by mail-in absentee ballots received as of election day, and cast by military and overseas absentee ballots cast under State law and received as of election day.

Section 7

Eliminates the mandate requiring the State Board of Elections (State Board) to investigate IP addresses or VPNs accessing the website for submitting online requests for absentee ballots to request absentee ballots for more than 10 qualified voters from the date the website is first available to voters through October 27, 2020, as well as the coordinating reporting requirements. Instead, requires the State Board to report to the specified NCGA committee by February 1, 2021, regarding online requests for absentee ballots, including online requests by county, and the results of any cybersecurity investigations related to online requests during the 2020 general election.

Section 11.1

Changes the source of the $2,120,497 in matching State funds appropriated to the State Board for 2020-21 for coronavirus response during the 2020 election cycle. Previously, appropriated the funds from the General Fund to match the federal CARES Act funds appropriated. Now, directs the Department of Commerce to transfer the same amount in nonrecurring funds from the Job Investment Grant Special Revenue Fund to the State Board for 2020-21, as the required State match. Requires the transfer to be made no later than August 15, 2020.

Section 11.2

Changes the source of the $2,335,488 in matching State funds appropriated to the State Board for 2020-21 for specified election purposes and county HAVA expense reimbursements. Previously, appropriated the funds from the General Fund to match the federal HAVA funds appropriated. Now, directs the Department of Commerce to transfer the same amount in nonrecurring funds from the Job Investment Grant Special Revenue Fund to the State Board for 2020-21, as the required State match. Requires the transfer to be made no later than August 15, 2020.

Adds to the identified uses and coordinating allowable amounts the State Board is authorized to use from a portion of the HAVA funds and State match funds appropriated by the act, $1 million to assist counties with the speed, accuracy, and transparency of the counties' election, voter, and canvass data and processes.

Sections 11A.1 and 11A.2

Adds new sections. Reenacts and incorporates by reference the State Budget Act, GS Chapter 143C.

Provides for the continued validity of 2019 legislation appropriating funds to entities covered by the act, unless expressly repealed or amended.

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