NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 750

SENATE BILL 457

AN ACT TO AMEND CHAPTER 163 OF THE GENERAL STATUTES OF NORTH CAROLINA SO AS TO REQUIRE THAT ALL COUNTIES ADOPT THE FULL-TIME REGISTRATION OF VOTERS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 163-67(a) is amended by deleting it in its entirety and inserting in lieu thereof the following:

"G.S. 163-67(a).  The County Boards of Elections shall establish, prior to January 1, 1971, a full-time system of registration, as prescribed by the State Board of Elections, under which the registration books, process, and records shall be open continuously for the acceptance of registration applications and for the registration of voters at all reasonable hours and time consistent with the daily function of all other county offices. In such counties no registration shall entitle a registrant to vote in any primary, general or special election unless the registrant shall have made application not less than 21 days, excluding Saturdays and Sundays, immediately preceding such primary, general or special election, provided that nothing shall prohibit registrants from registering to vote in future elections during such period.

When full-time registration has been established in a county, the official record of registration shall be made and kept in the form of an application to register which, as prescribed by the State Board of Elections, shall contain all information necessary to show the applicant's qualifications to register. In such a county, no person shall be registered to vote without first making a written, sworn, and signed application to register upon the form prescribed by the State Board of Elections. If the applicant cannot write because of physical disability, his name shall be written on the application for him by the election official to whom he makes application, but the specific reason for the applicant's failure to sign shall be clearly stated upon the face of the application.

Registrars and special registration commissioners appointed under the provisions of G.S. 163-41 may take registration applications from and administer registration oaths to qualified applicants without regard to the precinct residence of the registrar, special registration commissioner, or applicant: Provided, however, the County Board of Elections shall have power to limit the areas in which registrars and special registration commissioners may exercise the authority conferred in this paragraph.

Applications to register which have been completed by persons who have taken the required oath shall be forwarded promptly to the County Board of Elections. An application to register shall constitute a valid registration unless the County Board of Elections shall notify the applicant of its rejection within 30 days after its completion; provided that where the application is completed during the last 51 days prior to the election but at least 21 days prior to the election, the notification of rejection shall be made no less than 21 days prior to the election or the application shall constitute a valid registration. The loose-leaf binders containing the precinct records and the duplicate registration record, required by G.S. 163-65(a), shall be kept at all times in a safe place.

For the purpose of receiving registration applications, registrars shall attend the voting places in their precincts only on such days and at such hours as may be fixed by the County Board of Elections: Provided, the County Board of Elections shall not require registrars to be present at the voting places for this purpose on any day less than 21 days, excluding Saturdays and Sundays, prior to a primary or election. In its discretion, the County Board of Elections may require no attendance by registrars at the voting places for the purpose of receiving registration applications.

The County Board of Elections is authorized to make reasonable rules and regulations, not inconsistent with law and State Board regulations, to insure full-time registration as provided in this Section."

G.S. 163-67(b) is amended by deleting it in its entirety and inserting in lieu thereof the following:

"G.S. 163-67(b).  In counties which have less than 14,001 registered voters the State Board of Elections shall prescribe reasonable regulations permitting such counties to operate a modified full-time office to the extent that the operation of such full-time office will not necessarily be required to be open such as is required in counties with total registered voters in excess of 14,000; provided, that nothing herein shall preclude such counties from maintaining office hours for registration consistent with the hours observed by all other offices within said county. In counties which operate under a modified full-time system as authorized by this Section, registration commissioners shall not be allowed."

G.S. 163-67.1 — Executive Secretary, Appointment by County Board of Elections. The County Boards of Elections, whether operating under the provisions of G.S. 163-671(a) or (b) shall have authority to employ an Executive Secretary who shall be paid such compensation as recommended by the County Board of Elections and approved by the respective Boards of County Commissioners. The Executive Secretary may be empowered by the County Board of Elections to perform such administrative duties as might be assigned by the chairman. In addition to any administrative duties the Executive Secretary shall be authorized to receive applications for registration and in pursuit of such authority shall be given the oath required of all registrars. In addition, the Executive Secretary may be authorized by the chairman to execute the responsibilities devolving upon the chairman from G.S. 163-73 provided 'such authorization by any chairman shall in no way transfer the responsibility for compliance with the law. The chairman shall remain liable for proper execution of all matters specifically assigned to him by law.

Sec. 2.  The cost of maintaining the registration and election processes required by this Act shall be allocated by the respective Boards of County Commissioners upon approval of budget requirements submitted by the respective County Board of Elections. The respective Boards of County Commissioners shall appropriate reasonable and adequate funds necessary for the legal functions of the County Boards of Elections, including reasonable and just compensation of the Executive Secretary.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1969.