H836 - Election Modifications (SL 2015-103)

Overview: S.L. 2015-103 amends various laws relating to local government and elections as follows:

• Clarifies a city's retention of right, title, or interest in any improvements or easements within a closed street to specifically state that the easement may include utility, drainage, pedestrian, landscaping, conservation, or other easements considered by the city to be in the public interest.
• Repeals the license requirement for (i) going out of business sales; (ii) sales of good, wares, or merchandise damaged by fire, smoke, water, or otherwise; and (iii) distress sales.
• Permits county boards of election to submit all executed absentee ballots lists electronically in a manner approved by the State Board of Election, as an alternative to mailing the lists.
• Creates an exception allowing an official ballot that does not otherwise include the elements of an official ballot, if that ballot was created and printed by a voting system in the voting enclosure and certain requirements are met.
• Repeals the definition of the term "paper ballot" and redefines the term "ballot" to include the definition of paper ballot. Effective January 1, 2018, the use of voting systems that do not use or produce a ballot (as that term is redefined) are explicitly prohibited. Counties authorized to use direct-recording electronic voting machines (DRE) that used those machines on election day as of January 1, 2015, are permitted to continue using those DREs until September 1, 2019.
• Allows a city to hold a malt beverage or unfortified wine election if the county in which the city is located has held an unsuccessful malt beverage or unfortified wine election, the city has a population of 200 or more, and the county in which the city is located also contains three or more other cities that have previously voted to allow malt beverage and unfortified wine sales.
• Makes the following changes related to voter identification:
• Allows drivers' licenses and nonoperators' identification cards issued by the Division of Motor Vehicles to be expired for up to four years prior to being presented for voting.
• Requires voters who fail to present an eligible form of photo identification when voting at a one-stop voting location to be notified that until the deadline for submission of requests for absentee ballots, the voter has the option to complete a written request form for an absentee ballot at that one-stop voting location.
• Allows voters to vote a provisional ballot if the voter does not comply with the photo identification requirement due to a reasonable impediment that prevents the voter from obtaining photo identification. The voter must complete a reasonable impediment declaration form and present certain types of identification or provide the last four digits of the voter's social security number and the voter's date of birth.
• Removes the term limit requirement for members of the Alexander County Board of Education, effective January 1, 2016, and applies to elections conducted on or after that date.
• Broadens the authority of the State Board of Elections to certify voting systems.
• Requires electronic poll books to be certified by the State Board of Elections in order to be used in elections.

Except as otherwise provided, this act became effective June 22, 2015.