Bill Summary for H 1246 (2025-2026)
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES UNDER THE LAWS PERTAINING TO ELECTIONS.Intro. by Buansi, Dahle, F. Jackson, Clark.
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Bill summary
Part I.
Section 1
Enacts GS 163-271.2, preventing any person, while acting in the performance of their official duties under law, from ordering or authorizing any troops or armed personnel in the civil, military, or naval service of this State or the US at any location used as a voting place (including parking lots) beginning seventeen days before an election through the close of the voting place on election day. Creates an exception for military force necessary to repel enemies of the United States. Clarifies that the statute is not to be construed to prevent members of the military from voting in the State. Specifies that the statute does not apply to (1) law enforcements whose presence is required by law or who are responding to an emergency at the voting place or (2) a request for assistance from an elections officers with jurisdiction over the election process in question. Provides for civil remedy and civil penalties, in addition to any other remedies available at law. Applies to elections held on or after the act becomes law.
Section 2
Enacts GS 163-275.1, creating the following crimes related to voting in elections. Makes it a Class H felony to do any of the following: (1) threaten or attempt to threaten a person for voting or attempting to vote, for voting or attempting to vote for or against a particular candidate, for registering to vote, for urging or aiding any individuals to vote or attempt to vote as authorized by law, or for exercising any lawful powers or duties as an election official or enlisting another person to do so; (2) knowingly challenge a person’s right to vote on fraudulent or spirituous grounds; (3) engage in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or to delay the process of voting or the lawful and orderly administration of an election; or (4) fraudulently advise any person that the person is not eligible to vote or is not registered to vote.
Makes it a Class H felony for an employer to (1) enclose an employees’ pay in envelopes upon which or in which there is written or printed the name of any candidate or political mottoes, devices, or arguments containing threats, intended or calculated to influence the political opinions or actions of the employees; or (2) in any way communicate that an employees’ pay or continued employment is conditioned on voting or not voting, or voting or not voting for a specific candidate.
Makes it a Class A1 misdemeanor to intimidate or coerce, or attempt to intimidate or coerce, any person for voting or attempting to vote, for voting or attempting to vote for or against a particular candidate, urging or aiding any persons to vote or attempt to vote as allowed by law, or exercising any lawful powers or duties as an election official or enlisting another person for the purpose of doing the same.
Establishes that a person will be found to have intimidated or coerced another person if the person knew or reasonably should have known that his or her actions would produce that effect. Defines coerce, intimidate, and threaten.
Specifies that the statute applies to votes cast at in-person voting locations and early voting sites, absentee voting processes, and ballot return activities associated with vote by mail participation.
Establishes a right of action for a person aggrieved by a violation of new GS 163-275.1 for preventative relief; permits a court to award the prevailing party reasonable attorneys’ fees.
Enacts new GS 153-275.3, authorizing a court to order any person convicted of violating Article 22 of the Chapter, which governs corrupt practices and other offenses against the elective franchise, to pay a restitution fine, at an amount at the court’s discretion, to be deposited in the Voter Intimidation Restitution Fund (Fund), established by the act. Directs that funds appropriated to the Fund are to be allocated to the State Board of Elections (State Board) for voter education campaigns relating to these crimes, as specified.
Amends GS 163-274(a) reads as rewritten: Makes it a Class 2 misdemeanor for any person, in connection with any primary or election in this State to demand citizenship documentation from a voter other than what State law requires at any point during the voting process.
Part III.
Section 3
Enacts GS 163-278.1A, making any person who intimidates, threatens, coerces, or attempts to do the same to an election worker, with the intent to impede, intimidate, or interfere with their official duties, liable for civil damages of up to $100,000, imprisonment of up to five years, or both. Defines election worker to include election volunteers. Provides immunity for election workers acting in good faith to prevent election interference or preserve ballot access.
Part IV.
Section 4
Changes the requirements for early voting sites under GS 163-166.35 as follows. Amends the timing of Saturday voting to now require that on each Saturday before the election during the period required by GS 163-166.40(b), all early voting sites must be open from 8:00 am to 5:00 pm. Amends the timing for Sunday voting to now require on each Sunday during the period required by GS 163-166.40(b), all early voting sites must be open from 12:00 pm to 5:00 pm.
Amends GS 163-166.40(b) to require that no earlier than the third Thursday before an election in which a voter seeks to vote and not later than 5:00 pm (was, 3:00 pm) on the last Saturday before that election, the voter may appear in person at the office of the county board of elections and requires that the county board conduct early voting on the last Saturday before the election from 8:00 am until 5:00 pm (was, 3:00 pm).
Applies to elections held on or after January 1, 2027.
Part V.
Section 5
Enacts new Article 15C, GS Chapter 163, cited as the Safeguard Fair Elections Act. Sets forth legislative findings and defined terms. Makes it a Class 1 misdemeanor punishable by a fine of up to $10,000 for a public official to perform or communicate the intention to perform an official act in which the official, without clear and convincing evidence (as defined) refuses to certify the actual results or count of an election. Makes such action or communication of intention an automatic resignation from office, and deems any such official act void.
Part VI.
Section 6
Amends GS 163-182.12A, establishing seven best practices with which the State Board of Elections must ensure post-election audits comply, including being conducted by nonpartisan officials with expertise in elections, preserving ballot secrecy and voter privacy, and requiring audit procedures to be established before election day and before results are known. Prohibits public officials from providing funding for or participating in a post-election audit or review that fails to comply with the State Board’s best practices that meet the described criteria.
Enacts GS 163-182.12B, directing the State Board to conduct, in each county, a risk-limiting audit after the general election, where a hand-to-eye recount is made of randomly selected ballot samples in a contest that provides strong statistical evidence that the machine-counted results are correct and based on a risk limit, meaning the largest chance that an incorrect outcome of a contest could escape correction by the audit. Specifies that the audit must not change the results of an election.
Part VII.
Section 7
Amends GS 163-45.1 (concerning election observers), to require that the observers complete training before acting as an observer and complete additional training at least once every two years. Requires the State Board to establish training standards and requirements for observers. Adds the requirement that while observing, observers must wear a tag or badge that includes the observer's name, role, and partisan affiliation. Removes the provision prohibiting observers from taking an oath of office; instead requires that observers sign a sworn oath that the observer will not do engage in any of five specified courses of conduct, including engaging in electioneering at the voting place, and impeding the voting process or interfere or communicate with or observe any voter in casting a ballot.
Requires the State Board to collaborate with county boards of elections, to: (1) ensure election administrators are adequately compensated equitably throughout the State; (2) ensure clear and conspicuous notices are placed at voting locations establishing clear rights and responsibilities for voters, poll workers, and observers; and (3) develop a statewide, uniform system of reporting incidents of voter intimidation anonymously.
Part VIII.
Section 8
Enacts Article 15B, titled the “Voter Protection and Reliance Act” (Act), to GS Chapter 163. Sets forth the General Assembly’s findings in GS 163-182.50. Enacts GS 163-182.51 requiring, in any civil action filed in a State court, a protest before the State Board or a county board of elections, or other proceeding, for the adjudicator to deem a law effective and an election procedure established when either of the following applies: (1) it is a constitutional provision adopted, statute enacted, or regulation codified before election day and as it was administered in any directive or administrative memorandum on election day and (2) it is a directive, administrative memorandum, including a "numbered memo," procedure, or established pattern or practice of the State Board or a county board of elections that was in place on election day. Instructs the adjudicator to construe acts and draw inferences in favor of finding that the election procedure was established, based on voter reliance and the availability of legislative or judicial recourse before election day. Specifies that if the election procedures were allegedly in conflict on election day, the adjudicator must construe those procedures in favor of the voter based on an understanding of the procedures as relied on by that voter. Provides for rules of construction for procedures changed during absentee or early voting periods or on election day. Prevents a law or interpretation of law that was not effective, or election procedure that was not established on election day from abrogating a person’s right to vote. Prohibits an administrative body, court, or official from acting to exclude a vote from canvass, fail to certify an election, withhold a certificate of election, or fail to seat a prevailing candidate by excluding votes based on a law, judicial ruling, or legal interpretation that was not in effect on election day or an election procedure that was not established by election day. Provides for expedited procedures for litigation: (1) filed within 90 days before the earliest date absentee ballots may be mailed for an election or (2) a covered action (defined) filed post-election that seeks to challenge the outcome of an election in GS 163-182.52. Requires in these expedited procedures for the plaintiff to serve the State Board or other appropriate election authority within 24 hours and the court to hold an initial scheduling conference within five days of the filing. Now instructs, in challenges before the county board of elections under GS 163-182.9, that no protest challenging a voter's registration will be sustained to invalidate a cast ballot or prevent a voter from voting where the alleged error in an accepted registration is a technical or clerical error, such as an incomplete form, on which the voter detrimentally relied, unless the protester demonstrates that the voter was in fact ineligible to vote at the time of registration.
Part IX.
Section 9
Amends GS 163-22 to require the State Board to create a standing, community-led advisory committee to monitor risks and recommend mitigation strategies regarding voter intimidation. Require committee members to include members from community organizations, election administrators, disability access advocates, and language-access partners.
Requires the State Board to implement: (1) a statewide, standardized process for the uniform collection, classification, and public reporting of intimidation complaints across local boards of 11 elections; and (2) scenario-based voter intimidation prevention and de-escalation training that is required for election official and poll workers and addresses at least the four listed topics.
Part X.
Section 10
Amends GS 163-85 as follows. Amends the timing for challenging the right of any person to register, remain registered or vote in such county so that it can’t be made 90 days (was, can’t be made after the twenty-fifth day) before each primary, general, or special election, unless otherwise required by federal law. Adds the requirement that notices of the preliminary hearing that is held when a challenge is made be provided in the voter's language of record where available.
Amends GS 163-89, concerning challenges of absentee ballots, as follows. Adds the requirement that before a local board hears a challenge to an absentee ballot, the chair must provide written notice to the challenged voter that includes the basis for the challenge, the required response steps, and deadlines for resolution. Makes conforming changes. Makes language gender neutral.
Part XI.
Section 11
Amends GS 163-82.10 by prohibiting the State Board or a county board of elections from disclosing any of the described personal identifying information pursuant to a request by the federal government or a federal agency or federal department without a court order or an arrest warrant signed by a judge.
Part XII
Section 12
Amends GS 163-182.5 to allow county boards and the State Board, throughout the canvassing period, to verify voter eligibility and count provisional ballots through its canvass meeting at 11:00 am on the tenth day after the election. Allows a voter who voted a provisional ballot or absentee ballot, when the county board identifies a deficiency, to be allowed to correct the deficiency through 5:00 pm on the day before the tenth day after the election.