Bill Summary for S 749 (2023-2024)

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Summary date: 

Sep 12 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 749 (Public) Filed Monday, June 12, 2023
AN ACT TO REVISE THE STRUCTURES OF THE NORTH CAROLINA STATE BOARD OF ELECTIONS AND COUNTY BOARDS OF ELECTIONS, TO REVISE THE EMERGENCY POWERS OF THE EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS, TO MAKE CLARIFYING CHANGES TO SENATE BILL 512 OF THE 2023 REGULAR SESSION, TO MAKE ADDITIONAL CONFORMING AND CLARIFYING CHANGES TO IMPLEMENT PHOTO IDENTIFICATION FOR VOTING, AND TO AMEND THE TIME FOR CANDIDATES AND VACANCY APPOINTEES TO FILE STATEMENTS OF ECONOMIC INTERESTS.
Intro. by Daniel, P. Newton, Hise.

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Bill summary

House committee substitute to the 3rd edition makes the following changes. 

Part I.

Section 1.1

Further amends GS 163-28 (State Board of Elections [Board] as an independent agency) to specify that the Board must be supported administratively by the Department of Secretary of State. Also requires that the Board exercise its statutory powers, duties, functions, and authority independently from authority of the Secretary of State and removes provisions that specify the board will have all powers and duties conferred upon the heads of principal departments.

Makes additional clarifying changes.

Part II.

Section 2.1

Amends GS 163-19 as follows. Requires that the list of nominees for members of the Board be submitted by the state party chairs by April 1 immediately following each election of the members of the Council of State (previously no deadline was specified). Provides that a person filling a vacancy is to serve the remainder of the unexpired term (was, fill the unexpired term). Requires the list of nominees to fill a vacancy in the State board to be submitted within five business days of the occurrence of the vacancy. Allows the office of chair to be filled by legislative appointment if a chair is not elected within 30 days after taking the prescribed oath (was, within 30 days after new appointees take the prescribed oath) or within 30 days of the occurrence of a vacancy in the office of chair. Amends who is the appointing authority for chair vacancies, varying from the President Pro Tempore of the Senate and Speaker of the House depending on the year within which the vacancy occurs. 

Section 2.5

Amends GS 163-27 to require that term of the Board's Executive Director begin May 15 of the year after each even-year election, unless removed for cause (was, after the first meeting held after the appointment to the Board are made, unless removed for cause, until a successor is appointed). Amends who is the appointing authority for Executive Director vacancies, varying from the President Pro Tempore of the Senate and Speaker of the House depending on the year within which the vacancy occurs. 

Makes additional organizational, clarifying, and technical changes throughout Part II.

Makes Part II effective July 1, 2024 (was, when the act became law), and specifies that appointments may be made accordingly. Makes conforming changes. Requires the eight Board members appointed under GS 163-19, as amended by this act, to serve until May 1, 2029 (was, 2025); makes those members eligible to serve one additional (was, serve two) full consecutive terms. No longer specifies in Section 2.6 that chairs of the two political parties having the highest number of registered affiliates may submit a list of names to the NCGA under amended GS 163-19. Requires the chair and Executive Director of the State Board to be appointed upon the eight members of the State Board taking the oath of office (was, upon their appointment). 

Deletes Section 2.7 concerning the criminal history record check for any prospective Executive Director.

Part IV.

Section 4.1

Amends GS 163-30 (appointments to the county boards of elections) to require that the recommendations for appointment to the board of elections for a county by the State chairs of the two political parties with the highest number of registered affiliates be submitted by April 1 of each odd-numbered year (previously no deadline was specified). Reduces the number of individuals that can be recommended from three to two. Allows the office of chair to be filled by legislative appointment if a chair is not elected within 15 days after the first meeting in July or within 30 days of the occurrence of a vacancy (was, only when a chair is not elected within 15 days after the first meeting in July). Amends who is the appointing authority for chair vacancies, varying from the President Pro Tempore of the Senate and Speaker of the House depending on the year within which the vacancy occurs. Makes additional technical, clarifying, and conforming changes.

Section 4.2

Deletes previous Section 4.2, which included proposed changes to GS 163-35 (concerning the county board of elections director's appointment, compensation, duties, and dismissal) and which would have repealed GS 163-35.1 (concerning the suspension or termination of county director of elections).

Amends GS 163-35 by adding that if the county board of elections is unable to agree on a person to recommend to fill a vacancy for the county director of elections, the State Board Executive Director must designate a qualified person to serve as acting county director until the county board nominates someone. 

Section 4.3

Makes technical changes to GS 163-37.1.

Amends GS 143B-969 to also allow the Department of Public Safety to provide the criminal history record check report on prospective appointees for the Board Executive Director to the chair of the Board. Specifies that the same report may be given to the chair or chairs of each standing committee (was, to the the chair or chairs of the standing committee) handling the legislation regarding the appointment of the Executive Director. Makes conforming and clarifying changes. 

Deletes the proposed changes to GS 143B-970 concerning criminal record checks for employees of county boards of elections. 

Makes organizational changes to Section 4.4 and no longer includes the provision allowing chairs of the two political parties having the highest number of registered affiliates to submit a list of names to the NCGA under amended GS 163-30; no longer requires that the county director of elections be appointed upon appointment of the four members of the county board of elections. 

Part V.

Section 5.1

Makes technical changes to GS 163-182.6. 

Makes all of Part V effective July 1, 2024 (was, when the act became law).

Part VI.

Adds the following new content.

Sections 6.1-6.4

Requires the following if S 512 (Greater Accountability for Boards/Commissions) becomes law. Requires that the Environmental Management Commission to elect a chair and vice-chair under amended GS 143B-284 no later than 90 days after the date that both members to be appointed by the Commissioner of Agriculture have been initially appointed. Requires the Board of Transportation to elect a chair and vice-chair under amended GS 143B-350 no later than 90 days after the date that all members to be appointed by the President Pro Tempore of the Senate and the Speaker of the House have been initially appointed. Requires the Coastal Resources Commission to elect a chair and vice-chair under amended GS 113A-104 no later than 90 days after the date that all members to be appointed by the President Pro Tempore of the Senate and Speaker of the House and the Commissioner of Insurance have been initially appointed. Requires the North Carolina Railroad Board of Directors to elect a chair under amended GS 124-15 no later than 90 days after the date that the member to be appointed by the State Treasurer has been initially appointed.

Section 6.5

Amends GS 163-230.1 to require that the State Board's rules include a process for a voter without acceptable photocopies of forms of readable identification to complete an alternative affidavit applicable to the three specified exceptions, that includes inability to attach a physical copy of the voter's identification within the returned application and voted ballots (was, with the written request) as a reasonable impediment to compliance with the identification requirement.

Section 6.6

Corrects a statutory cross-reference in GS 20-30.

Section 6.7

Amends GS 163-82.8A to require the county board of elections or the State Board (was, the county board of elections only) to maintain a database that contains the photos of registered voters taken for the purpose of issuing voter photo id cards. Amends GS 163-82.10 to make photos for voter photo identification confidential and specifies that they are not considered public records.

Section 6.8

Allows the $5 million appropriated in SL 2021-180 for 2021-22 to the State Board for a mobile voting program to also be used by the State Board for any photo identification implementation efforts and to implement the requirements of S 747, Elections Law Changes, if it becomes law. Specifies that the funds remain available until expended. 

Part VIII.

Amends the act's effective date provision by adding the following. 

Allows the chairs of the two political parties having the highest number of registered affiliates to submit a list of names to the NCGA by March 1, 2024, for appointments to be made effective July 1, 2024. Specifies that if a chair is not elected within 30 days after taking the prescribed oath in 2024 or within 30 days of the occurrence of a vacancy in the office of the chair in 2024, the office of the chair may be filled by legislative appointment under GS 120-121 as if the chair is a member of a board or commission by the President Pro Tempore of the Senate.

Allows the chairs of the two political parties having the highest number of registered voters to submit a list of names to the NCGA by March 1, 2024, for appointments to be made effective July 1, 2024. Specifies that if a chair is not elected within 15 days after the first meeting in July 2024, or within 30 days of the occurrence of a vacancy in 2024, the office of the chair may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate.

Provides that if an Executive Director is not selected by July 15, 2024, or within 30 days of the occurrence of a vacancy in 2024, the position may be filled by legislative appointment as if the chair is a member of a board or commission by the President Pro Tempore of the Senate. 

Amends the act's long title.