Bill Summary for S 747 (2023-2024)

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Summary date: 

Jun 1 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 747 (Public) Filed Thursday, June 1, 2023
AN ACT TO MAKE VARIOUS CHANGES REGARDING ELECTIONS LAW.
Intro. by Hise, P. Newton, Daniel.

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Bill summary

Part I.

Amends GS 163-231(b)(1) to require absentee ballots to be received by the county board of elections by 7:30 p.m. rather than by 5:00 p.m. on the day of the statewide primary or general election or county bond election. Removes the requirement that absentee ballots received after 7:30 by the county board of elections on the day of the statewide primary or general election or county bond election be accepted if the ballots are postmarked with a date on or before the date of the statewide primary or general election or county bond election and received by the county board of elections no later than three days after the election by 5:00 pm. Makes conforming changes to GS 163-232.1(a). Amends (b)(2) to allow for absentee ballots not received by that specified time to be accepted if, in lieu of being required by federal law, the State Board of Elections has extended the closing time of the polls for every poll in the county pursuant to state law, whereby the ballots must be received by the closing time as extended by the State Board in order to be counted. Also requires absentee ballots to be accepted after the stated deadline if the ballots are received in accordance with Article 21A of GS Chapter 163, Uniform Military and Overseas Voters Act (was, if the ballots issued under Article 21A are received by the county board no later than the end of business on the business day before the canvass conducted by the county board). Makes conforming changes to the statutory cross references to this provision in GS 163-234 and GS 163-89.

Modifies the county boards' duty to prepare a certified list of absentee ballots received on or after election day pursuant to GS 163-232.1. Now requires the list to contain all absentee ballots returned to the county board to be counted, which have been approved by the county board and not included on the certified list of executed absentee ballots received before 7:30 p.m., the time provided in GS 163-231(b) on the day of the statewide primary or general election or county bond election. Makes conforming changes to the county chairman's certification of the list. Makes language gender neutral.

Amends GS 163-234 by requiring that only absentee ballots returned to the county board by 5:00 p.m. on the day before election day in a properly executed container-return envelope or absentee ballots received pursuant to GS 163-231(b)(2) must be counted (removes the specification that this requirement is except to the extent federal law requires otherwise). Requires the county board to also comply with GS 163-230.1 (simultaneous issuance of absentee ballots with application) in counting absentee ballots received pursuant to GS 163-231(b)(2). Makes language gender neutral.

Amends GS 163-89 to specify that an absentee ballot received by the county board under GS 163-231(b)(1) may be challenged on the day of any statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 p.m., or by the chief judge at the time of closing of the polls (was, applicable to the absentee ballot of any voter).

Amends GS 163-227.10 by adding the requirement that each county board and the State Board publish on its website and on materials sent to voters the date by which absentee ballots are available for voting.

Amends GS 163-230.1 by adding that each county board and the State Board must publish on its website and on materials sent to voters the date by which a completed request form for an absentee application and absentee ballots must be received.

Enacts new GS 163-232.2 setting out the following reporting requirements. Requires each county board to report the following to the State Board during each day of the one-stop early voting period: (1) the number of absentee ballots that have been spoiled due to the voter voting in person at a one-stop voting site and (2) the number of outstanding absentee ballots. Requires each county board of elections to report, from the day after the day of the election through the day after the receipt deadline for absentee ballots, to the State Board by 5:00 p.m. each day: (1) the number of absentee ballots that have been counted, (2) the number of outstanding absentee ballots, and (3) the number of voted provisional ballots. Requires the State Board to publish each report on its website daily.

Part II.

Amends GS 163-22, GS 163-33, and GS 163-37 by specifying that nothing in GS Chapter 160 authorizes (1) the State Board of Elections, (2) a county board of elections, or (3) a county board of commissioners to accept private monetary donations, directly or indirectly, for conducting elections or employing individuals on a temporary basis. 

Part III.

Amends GS 9-3, adding United States citizenship to the qualifications of prospective jurors.

Adds to GS 9-6 to require all applications for excuses from jury duty to be made on a form developed and furnished by the Administrative Office of the Courts (AOC), with applications to allow specification for the reason(s) for excusal based on disqualification, including noncitizenship status. Authorizes the chief district court judge to delegate the authority to receive, hear, and pass on applications for excuses from jury duty to the clerk of superior court, after consultation with and the consent of the superior court clerk. Makes clarifying changes and makes language gender neutral. 

Makes clarifying and conforming changes to GS 9-6.1 regarding requests to be excused from jury duty. Adds the clerk of superior court to those individuals with whom a request to be excused, deferred, or exempted from jury duty may be filed.

Enacts GS 9-6.2 to require the clerk of superior court to retain the name and address provided by each person who requests to be excused from jury duty on the basis of disqualification, along with the reason for that request, for the remainder of the biennium as described in GS 9-2. Provides that the records are not public record and authorizes their destruction at the end of each biennium. Requires the clerk to quarterly electronically report to the State Board of Elections persons disqualified due to lack of US citizenship with personal information from the master jury list and the date of disqualification. Directs the State Board of Elections to use the information to conduct efforts to remove names from lists of registered voters pursuant to GS 163-82.14. Deems records retained by the State Board of Elections public records, subject to state and federal law. Requires the State Board of Elections to retain the electronic records for four years, and authorizes destruction when they are no longer public records. Specifies that the statute has no effect on State and local authorities to determine a person's eligibility to vote. Makes conforming changes to the clerk's recordkeeping duties regarding excusals under GS 9-6.

Adds a new subsection to GS 163-82.14 regarding list maintenance. Directs the State Board of Elections to review the voter registration and citizenship status of each person identified in a clerk's quarterly report of jury duty disqualifications based on US citizenship and distribute to each county board of elections a report of the persons identified who are registered to vote in that county, including the clerk's electronic file and the results of the Board's review. Excludes persons who since attained US citizenship, unless the individual voted prior to attaining citizenship, whereby the State Board is required to furnish its investigation to the district attorney for prosecution. Requires county boards of elections to, within 30 days' receipt of a report, give 30 days' written notice to the voter at the voter's registration address and mailing address and remove the individual's name from its registration records if the voter makes no objection; requires notice to the voter of removal and indication of the removal based on noncitizenship status in the statewide computerized voting registration system. Requires entering a challenge if an objection is received within 30 days of the notice, with the notice to the county board of elections by the receipt of the report from the State Board constituting prima facie evidence of noncitizenship, rebuttable by proof of citizenship following excusal or federal documentation of citizenship. Deems county records public records, subject to state and federal law. Requires the State Board of Elections and county boards of elections to retain the electronic records for four years and authorizes destruction when they are no longer public records. Makes clarifying and organizational changes to the statute. 

Directs the AOC to amend the Rules of Recordkeeping to implement the act. Specifies that the act does not exempt AOC records from public records laws, except as provided in GS 9-6.2, as enacted.

Effective January 1, 2024. 

Part IV.

Amends GS 163-230.1 to require that absentee ballots be subject to public inspection.

Part V.

Amends GS 163-229 to require the barcode on a container-return envelope for absentee ballots to be affixed by the county board of elections. Amends GS 163-237 by making it a Class 1 misdemeanor for anyone other than the State Board or county board of elections, or their employees, to affix or print a barcode on an absentee ballot, absentee container-return envelope, or an absentee ballot request form.

Part VI.

Amends GS 163-22 by requiring the State Board of Elections to ensure that election records are retained and preserved for the greater of 22 months after an election or as otherwise specified in federal law. Sets out this same requirement for county boards of elections in GS 163-33. Makes conforming changes to GS 163-88.1 (concerning the preservation of challenged ballots), GS 163-233 (concerning retention of applications for absentee ballots), and GS 163-234 (concerning retention of container-return envelopes and absentee ballots).

Amends GS 163-166.12 to require type of identification proof submitted by an individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina (whether voting in person or via absentee ballot) to be listed on the voter rolls that are publicly available. Deletes the provision allowing the county board of elections to dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records.

Part VII.

Amends GS 163-166.8 (assistance to voters) to require precinct officials to keep a log of any person who provides assistance to a voter under the statute that includes the name and address of the person rendering assistance as well as a place for their signature.

Part VIII.

Enacts new GS 163-82.6B allowing a person who is qualified to register to vote to register in person and then vote at a one-stop voting site in their county of residence during the one-stop voting period. Requires, however, that the individual vote by provisional ballot and that the ballot be counted under only in one of the following circumstances: (1) upon verification of the individual's address, in accordance with procedures under GS 163-82.7 (concerning verification of qualifications and address of voter registration applicant and denial or approval of application) with the verification done by first-class mail or (2) upon providing a copy of a current utility bill, bank statement, government check, paycheck, or other government document showing the voter’s name and address at the county board of elections where the voter resides before polls close on election day.

Part IX.

Amends GS 163-182.15 by requiring the State Board of Elections to submit an annual report on any changes made to elections records after certification of elections, including the rationale and time of those revisions, to the specified NCGA committees.

Part X.

Amends the procedure for challenging an absentee ballot set forth in GS 163-89(b) to allow any registered voter of the same county (currently, same precinct) as the absentee voter to challenge that voter’s absentee ballot.

Part XI.

Changes the procedure for voting absentee ballots in GS 163-231(a) to now require that the two witnesses to an absentee ballot also print their names on the application and certificate as witnesses (currently, two witnesses only need to sign the ballot). Makes conforming changes to the form of the container-return envelope (GS 163-229(b)(3)).

Part XII.

Adds an additional signature verification step to voting absentee ballots under GS 163-231 by requiring the State Board of Elections (Board) to mandate that the county boards of election use verification software to check the signature of voters noted on executed absentee ballots before those ballots are accepted by county boards.

Part XIII.

Amends GS 163-227.6(a) to now require precinct officials serving at one-stop voting places to be allocated in the same manner as those allocated at voting places on election day.

Part XIV.

Amends GS 163-90.2(c) to also require the Board, when appealing a decision of a county board of elections on a challenge to ballot(s), to take that appeal to the Superior Court of the county where the challenge originated. (Currently, all parties must take an appeal to the Superior Court of the county where the offices of the deciding county board are located.)

Part XV.

Amends GS 163-274(b) (election related misdemeanors) to make it a Class 1 misdemeanor for any person to impersonate a chief judge, judge of election, or other election officer while in the discharge of duties in the registration of voters or in conducting any primary or election. Effective December 1, 2023, and applies to offenses committed on or after that date.

Part XVI.

Amends GS 163-166.01 (hours for voting) to require that if the statutory poll closing time of 7:30 pm on election day is extended by court order in one county, the poll closing time must be extended on election day in all counties by an equal amount of time. 

Part XVII.

Amends GS 163-275 (listing felonies related to elections) to require the State Bureau of Investigation (SBI) to investigate alleged violations of any said crimes. Makes conforming changes to GS 143B-919 (authorized SBI investigations). Effective August 1, 2023, and applies to violations occurring on or after that date.

Part XVIII.

Amends GS 163-45 (poll observers designated by the political parties) to allow observers relieved after serving no less than four hours to serve an additional four hours during the same primary or election day at any voting place in that same county upon designation by the party chair.

Part XIX.

Removes the requirement in current law (GS 163-47) that, on the day of each primary and general and special election, the precinct chief judge and judges must remain at the voting place from the time fixed by law for the commencement of their duties there until they have completed all those duties, and they cannot separate nor can any one of them leave the voting place except for unavoidable necessity.

Part XX.

Enacts GS 163-213.1, which requires a two-factor authentication process for absentee ballots cast by mail. Requires the Board to use that process before an executed absentee ballot is opened and counted by elections officials.

Part XXI.

Requires that a person knowingly cast a vote at any primary or election without having their rights of citizenship restored for a Class I felony under GS 163-275 to be established (currently, no mental state requirement).

Part XXII.

Amends GS 163-124 by excluding from the statute, which includes requirements for declaration of intent and petitions for write-in candidates in partisan elections, special district elections and nonpartisan board of education elections.

Amends GS 163-182.4 to provide that county boards of elections have jurisdiction over offices of municipalities (was, offices of municipalities unless the municipality has a valid board of election). Adds the requirement that the State Board of Elections, when voters in more than one county cast ballots for a municipal office, to prepare a composite abstract upon the completion of the canvass by the county boards and deliver it to all county boards responsible for canvassing votes for the contest, and each of those county boards must issue a certificate of nomination or election.

Amends GS 163-2301 by adding the following. Requires that when an absentee by mail ballot container-return envelope contains a curable deficiency, the county board of elections must promptly notify the voter of the deficiency and how the voter may cure the deficiency. Specifies that curable deficiencies are those that can be cured with supplemental documentation or attestation provided by the voter, including when: (1) the voter did not sign the voter certification, (2) the voter signed the application in the wrong place on the application, or (3) the voter failed to include with the container-return envelope a photocopy of required identification or affidavit. Considers any container-return envelope with a curable deficiency that is transmitted to the county board to be timely if cure documentation is received in accordance with the requirements of GS 163-231(b) (which sets out requirements to be met when returning the sealed container-return envelope containing completed absentee ballots to the county board of elections who issued those ballots). Allows notification to be provided to voters by county board staff and specifies that it is not required to be performed at an absentee meeting. Amends GS 163-234 by making conforming changes.

Amends GS 163-210 (pertaining to presidential election results and casting of the State’s votes for President and Vice-President). Changes the day that presidential/vice-presidential electors must be present in the old Hall of the House of Representatives in the State Capitol in the City of Raleigh to vote on behalf of the State for President and Vice-President from noon on the first Monday after the second Wednesday in December next after their election to noon of the first Tuesday after the second Wednesday in December next after their election. Now requires the Governor to send to the Archivist of the United States either three duplicate original certificates, or one original certificate and two authenticated copies of the Certificates of Ascertainment, under the great seal of the State setting forth the names of the persons chosen as presidential electors for this State and the number of votes cast for each by the most expeditious method available, rather than by registered mail. Requires the Certificates of Ascertainment to contain a security feature for purposes of verifying their authenticity.

Amends GS 163-213(d) (proclamation before electors' meeting day controls) to  remove requirement that a proclamation of a Presidential Elector be made before noon on the day set for the meeting of the Presidential Electors by federal law for that proclamation to control over an appointment made by the General Assembly or the Governor. Now, proclamation can be made any time before the day set for the meeting of the Presidential Electors.