Bill Summary for H 770 (2023-2024)

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Summary date: 

Sep 19 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 770 (Public) Filed Tuesday, April 18, 2023
Intro. by Davis, Cleveland, Mills, Warren.

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Bill summary

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

Section 1.

Modifies new defined term cast vote record (CVR) in GS 163-165 to now mean a de-identified electronic record of voter's choices for each ballot item electronically created by a voting system utilizing mechanical or electronic voting equipment to tabulate ballots (was, a de-identified electronic record of each voter's ballot selections, electronically retained on a ballot tabulation machine that can be used to count election results for each ballot entry on that machine). Removes proposed revisions to term voting enclosure. Makes technical change.

Section 2.

Amends GS 163-165.1 (pertaining to disclosure of voted ballots) to specify that CVRs are a public record. Eliminates provision allowing release of those records in response to a public information act request for all cast vote records or voted ballot information. Amends the Class 1 misdemeanor provisions to now include any person who has access to a voted ballot and any paper or electronic record associated with that individual ballot (was, a voted ballot or record) who knowingly discloses information in violation of GS 163-165 how an individual has voted (was, voted that ballot).

Section 3.

Amends GS 163-165.7, which requires the State Board of Elections (State Board) to certify voting systems, to mandate that the certification requirements include that the voting system supports the creation of cast vote records (was, certification requirements include that the voting system supports the casting of a ballot that records each vote precisely indicated by the voter, subject to local election laws, and creates a de-identified CVR that can be tabulated, audited, and publicly disclosed). Effective January 1, 2024, for counties that use voting equipment capable of collecting cast vote records, and July 1, 2024, for all other counties, and applies to elections held on or after that date.

Sections 4 and 5.

Amends GS 163-165.9, concerning local boards of elections duties when acquiring voting systems. Deletes prior provisions requiring notification of the State Board of Elections of a county board's intent to replace any voting system or a portion thereof and the proposed requirement for county boards to ensure all tabulators or other electronic voting systems create and retain CVRs for the duration specified for election-related records. Now includes requirement that the county board require all electronic voting systems to create cast vote records. Makes conforming change to vetoed S747 (Elections Law Changes) should it become law, to require county boards of election to retain CVRs. Makes clarifying and organizational changes.

Deletes prior effective date. Now the act is effective January 1, 2024, except as otherwise provided above. Makes conforming changes to act’s titles.