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

No longer divides the act into Parts and makes organizational changes throughout by consolidating and moving sections of the act. Changes references from “State Board of Elections” to “State Board” throughout.

Amends proposed changes to GS 163-22 and GS 163-33 to more specifically require that the State board and county boards of elections ensure that voted ballots, election results tapes, and executed ballot applications (was, elections records) be retained and preserved for the greater of 22 months after the election or as otherwise specified in federal law.

Further amends GS 163-47 by adding the requirement that county boards of elections ensure that the position of chief judge and judges of election be filled at the voting place for the duration of their duties on each primary and general and special election day.

Amends GS 163-82.6B as follows. Changes the statute’s caption. Requires that an individual who registers and votes at a one-stop voting site vote by provisional ballot unless (1) the address on the individual’s photo id matches the address on a copy of a HAVA document or (2) the individuals’ photo ID lacks an address and the individual provides a document from the institution that issued the photo ID showing the individual’s name and address and a copy of the HAVA document showing the same name and address (was, the person must vote by provisional ballot and the ballot is counted upon verification of the individual’s address or upon the person providing a copy of one of the listed documents showing the person’s name and address at the county board of elections before the close of polls on election day). Sets out the following circumstances under which the provisional ballot must be counted: (1) before the close of business on the day of the canvass conducted by the county board of elections, the individual returns to the county board of elections and presents a required photo identification and a copy of a HAVA document or (2) before the close of business on the business day before the canvass conducted by the county board of elections, the individual returns to the county board of elections and presents a copy of any two different HAVA documents and the name and address on both documents are the same. Defines a HAVA document as including any of the following that show the voter’s name and address: current utility bill, current bank statement, current government check, current paycheck, another government document showing the voter’s name and address, or a document from the institution issuing the photo id showing the individual’s name and address.

Amends GS 163-88.1 by making clarifying changes.

Amends GS 163-89 to allow an absentee ballot received by the county board of elections by 7:30 pm on the day of a statewide primary or general election or county bond election to be challenged beginning no earlier than noon and ending no later than 7:30 pm on the day of the primary or election. Also allows an absentee ballot to be challenged by the chief judge at the time of closing of the polls.

Amends GS 163-166.01 to specify that if the statutory poll closing time on election day is extended by court order in one or more counties (was, in one county), then the closing time is extended in all counties by an equal amount of time.

Amends GS 163-166.8 to require precinct officials to maintain a log of any individual who is not a near relative of the voter who goes into the voter booth to assist a voter in marking that voter’s ballot (was, a log of any person rendering assistance to a voter). Makes conforming changes.

Amends GS 163-182.15 by amending the required annual report from the State Board to require the inclusion of any revisions made to any voter’s voter history records other than routine updates following each election (was, revisions made to elections records after certification of elections).

Amends GS 163-227.6 by allowing precinct officials at each one-stop voting site other than the county board of elections office as follows: (1) allocates chief judges and judges in the same manner as allocated to each precinct in the county under GS 163-41, (2) allocates assistants in the same manner as allocated to each precinct in the county under GS 163-42, and (3) specifies that the provisions of GS 163-41.1 (prohibiting certain relatives from serving together) apply. Applies to elections held on or after January 1, 2024.

Amends GS 163-227.10 by returning the date by which electors must meet and vote on behalf of the State for President and Vice-President to the first Monday (was, Tuesday in the previous edition) after the second Wednesday in December next after their election. Requires each county board of elections and the State Board, at least once per primary or election (previously, no frequency was specified), to publish on its website or in any mailing to voters the date by which absentee ballots are available. Makes clarifying changes.

Further amends GS 163-229 by adding the requirement that the instruction sheets on how voters are to prepare absentee ballots and return them also include the means by which the voter’s marked absentee ballot must be returned to the county board of elections and the date and time that the ballot must be received.

Amends GS 163-230.1 to require that county boards of elections and the State Board publish on its website or in any mailing to voters, at least once per primary or election (previously no frequency specified), the means by which the voter’s marked absentee ballot must be returned and when it must be received by, in addition to the already required date by which a completed form requesting an absentee ballot must be received. Also considers timely an absentee ballot container-return envelope with a curable deficiency transmitted to the county board if cure documentation is received no later than the end of business on the business day before the canvass by the county board of elections (was, considered timely if cure documentation is receive according to the requirements of GS 163-231(b)). Amends the requirements for the meeting at which the county board of elections passes upon applications for absentee ballots to require that the county board do so in a way that allows the public to observe the actual applications for absentee ballots (was, the ballots must be subject to public inspection).

Amends GS 163-231 to also allow for the acceptance of late absentee ballots when a court order has extended the closing time of the polls for every poll in the county. Makes additional clarifying, conforming, and technical changes.

Makes new GS 163-231(d) concerning county use of verification software to check signatures of voters on excused absentee ballots applicable to elections held on or after July 1, 2024, instead of when the act becomes law.

Makes new GS 163-231.1, requiring the use of a two-factor authentication process for executed absentee ballots returned by mail to a county board of elections, applicable to elections held on or after July 1, 2024, instead of when the act becomes law.

Amends GS 163-232.1 to require the county board of elections to prepare a list of all military overseas ballots returned to the county to be counted, which have been approved by the county board of elections, have not been included on the certified list, and have been received no later than 7:30 p.m. or the time provided in GS 163-231(b), on the day of the statewide primary or general election or county bond election (was, received by the county board of elections no later than three days after the election by 5:00 p.m.). Makes conforming changes.

Amends proposed new GS 163-232.2 as follows. Amends the information that county boards of elections must report to the State Board during each day of the one-stop early voting period to include: (1) number of mail-in absentee ballots (was, number of absentee ballots) spoiled because the voter voted in person at a one-stop voting site after requesting the mail-in absentee ballot and (2) number of outstanding mail-in absentee ballots (was, outstanding absentee ballots), specifying that this includes the total number of mail-in absentee ballots sent to date and the total number of mail-in absentee ballots received to date. Instead of requiring specified information on mail-in absentee ballots to be reported from the day after the day of the election through the day after the receipt deadline for absentee ballots, now requires the county board of election to report the information to the State Board on the day after the day of the election; amends the required information to specify that it pertains to mail-in ballots and specifies what is to be included in the number of outstanding mail-in absentee ballot calculation. Adds the requirement that these reports be completed in a manner specified by the State Board. Makes the statute applicable to elections held on or after January 1, 2024, instead of when the act becomes law.

Amends GS 163-234 as follows. Requires that only absentee ballots returned to the county board of elections in a properly executed container-return envelope and received according to GS 163-231(b) be counted. Requires absentee ballots received before election day to be counted on election day. Excludes from the absentee ballots that are to be counted on election day those that were received on election day and those received under GS 163-231(b)(2). Requires the county board of elections to meet after election day and before the date of canvass to determine whether the container-return envelopes for absentee ballots received on election day under GS 163-231(b) have been properly executed. Makes conforming changes.

Amends GS 163-274 to also make it a Class 1 misdemeanor for any person other than the State Board or county board of elections, on their employees, to affix or print a barcode on any absentee ballot required form. Makes a conforming deletion of Section 5.2, which added this same misdemeanor to GS 163-237. Makes additional clarifying changes. Amends GS 163-22 to require that the State Board report violations of the elections law to the State Bureau of Investigation (was, to the Attorney General or district attorney or prosecutor of the district). Amends GS 143B-919 to require the SBI to be included in any investigation involving the commission or attempted commission of a crime under GS Chapter 163 (was, SBI must investigate and prepare evidence for the commission or attempted commission of crimes under GS 163-275, which makes certain crimes related to elections felonies). Makes these changes, along with changes to GS 163-275, effective December 1, 2023.

Amends GS 163-275 by amending the Class I felony for voting by a person convicted of a crime that excludes the person from the right of suffrage, so that it applies to voting in any primary or election knowing the right of citizenship has not been restored (was, to knowingly vote in any primary or election without having been restored to the right of citizenship).

Amends GS 9-3 by making organizational and clarifying changes.

Amends GS 9-6.2 to require the clerk of superior court to report at least quarterly (was, quarterly) to the State Board, if a person is disqualified from jury duty because the person is not a US citizen. No longer requires the report to be made electronically. Provides that this communication is not a public record (was, records retained by the State board are public records except as prohibited by federal statute). Removes the requirement that the State Board retain the electronic records for four years and allowing destruction of the records when they are no longer public records.

Deletes the previous changes to GS 163-82.14 and makes the following changes instead. Amends GS 163-82.14 (list maintenance of voter registration rolls) as follows. Changes the requirement that the State Board implement a program that makes a diligent effort not less than twice per year to remove ineligible voters and to update addresses and other necessary data in voter rolls to a requirement that the State Board and county boards of elections have this occur weekly, as follows. Requires the Department of Health and Human Services (DHHS) to provide the Executive Director of the Board (ED) the names of deceased persons who were residents of the State so that the ED may distribute this list to the county boards of election. Requires the county boards to remove those persons weekly. Requires county boards of elections to remove a person identified as deceased by their near relative or estate representative within one week of receipt of signed statement (currently, no deadline to do so). Requires the ED to compile, at a minimum of once per week, a list of individuals against whom a final judgment of conviction of a felony within the State has been entered as well as those convictions of federal felonies and to report to each county board of elections the names of those individuals from that county appearing on this list each week. (Currently, the Board must report State felony convictions on the 15th of each month and federal felonies upon receipt of notice by a US Attorney.) Makes technical changes. Requires the State Board, within 30 days of receiving a communication under new GS 9-6.2 (reports of excusals from jury duty based on disqualification), to (1) review the voter information and citizenship status of each identified person; (2) distribute a report to each county board of elections of the persons identified who are registered to vote in that county, including specified information about the person (prohibits including a person’s name in the report if it is determined that the person became a US citizen after the date of the person’s jury disqualification); and (3) if a prospective juror voted before becoming a US citizen, give the SBI and the district attorney a copy of its investigation for prosecution under GS 163-278. Requires a county board of elections within 30 days of receiving such a report to give 30 days’ written notice to the voter and remove the person from the registration records if the person makes no objection and provide notice of the removal; sets out the steps that must be taken if a person does submit an objection to the removal within 30 days of notice. Makes records related to these citizenship provisions public record and requires electronic records to be retained by the State Board and county boards for four years. Requires county boards of elections, at a minimum of once per week, to remove from their voter registration records the names of individuals who give confirmation of change of address for voting purposes (currently, county boards of election just need to have a systematic program, with no time requirements). Requires that following each congressional election, the county board of elections must send to each registered voter who has not voted or confirmed the voter's address by another means a confirmation mailing. (Currently, county boards of elections must send confirmation mailings to every registrant after every congressional election if it has not confirmed the address by another means.) Makes conforming, technical, and organizational changes. Makes changes effective July 1, 2024, instead of January 1, 2024.

Requires that in any notice given to a voter before an election on the requirement to show photo identification to vote in person, whether by mail or posted on a website, the State Board and a county board of elections must clearly and initially state in the notice, "Voters will now be asked to present a valid photo identification when voting in person. If you do not have a valid photo ID card, you may obtain one from your county board of elections prior to the election, through the end of the early voting period. If you do not have a valid photo ID card on election day, you may still vote and have your vote counted by signing an affidavit of reasonable impediment as to why you have not presented a valid photo ID."

Requires the Department of Information Technology to study and report to the NCGA, via delivery to the specified commission, by December 1, 2023, on the feasibility of replacing the statewide voter registration system, including the timetable for replacement and the possibility of establishing periodic communications, up to and including daily, between the State Board and the DHHS, Division of Vital Records; the Division of Motor Vehicles, Division of Prisons of the Department of Adult Corrections, and the Administrative Office of the Courts (AOC) for list maintenance and voter registration.

Deletes the provision requiring AOC to amend the Rules of Recordkeeping to include procedures to implement new GS 9-6.2 and that specified that nothing in the act is to be construed to exempt records held by the AOC.

Makes additional clarifying and technical changes.