A BILL TO BE ENTITLED
AN ACT to clarify the date and time THAT mail‑in absentee ballots must be returned to the county board in order to be counted.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑231(b) reads as rewritten:
"(b)	Transmitting Executed Absentee Ballots to County Board of Elections. – The sealed container‑return envelope in which executed absentee ballots have been placed shall be transmitted to the county board of elections who issued those ballots as follows:
(1)	All ballots issued under the provisions of this Article and Article 21A of this Chapter shall be transmitted by mail or by commercial courier service, at the voter's expense, or delivered in person, or by the voter's near relative or verifiable legal guardian and received by the county board not later than 5:00 p.m. on the day of the statewide primary or general election or county bond election. Ballots issued under the provisions of Article 21A of this Chapter may also be electronically transmitted.
(2)	If ballots are received later than the hour stated in subdivision (1) of this subsection, those ballots shall not be accepted unless federal law so requires or the ballots are received in accordance with Article 21A of this Chapter.

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SECTION 2.(a)  G.S. 163‑234 reads as rewritten:
"§ 163‑234.  Counting absentee ballots by county board of elections.
All absentee ballots returned to the county board of elections in the container‑return envelopes shall be retained by the board to be counted by the county board of elections as follows:
(1)	Only those absentee ballots returned to the county board of elections no later than 5:00 p.m. on election day in a properly executed container‑return envelope or absentee ballots received pursuant to G.S. 163‑231(b)(2) shall be counted.
(2)	The county board of elections shall meet at 5:00 p.m. on election day in the board office or other public location in the county courthouse for the purpose of counting all absentee ballots except those which have been challenged before 5:00 p.m. on election day and those received pursuant to G.S. 163‑231(b)(2). In addition, the county board of elections shall meet at 5:00 p.m. the day after election day in the board office or other public location in the county courthouse for the purpose of counting any remaining uncounted eligible mail‑in absentee ballots that have not yet been counted. Any elector of the county shall be permitted to attend the meetings and allowed to observe the counting process, so long as the elector does not in any manner interfere with the election officials in the discharge of their duties.
The county board of elections may begin counting absentee ballots issued under Article 21A of this Chapter between the hours of 9:00 a.m. and 5:00 p.m. and may begin counting all absentee ballots between the hours of 2:00 p.m. and 5:00 p.m. upon the adoption of a resolution at least two weeks prior to the election in which the hour and place of counting absentee ballots shall be stated. The resolution also may provide for an additional meeting following the day of the election and prior to the day of canvass to count absentee ballots received pursuant to G.S. 163‑231(b)(2) as provided in subdivision (11) of this section. A copy of the resolution shall be published once a week for two weeks prior to the election, in a newspaper having general circulation in the county. Notice may additionally be made on a radio or television station or both, but the notice shall be in addition to the newspaper and other required notice. The count shall be continuous until completed and the members shall not separate or leave the counting place except for unavoidable necessity, except that if the count has been completed prior to the time the polls close, it shall be suspended until that time pending receipt of any additional ballots. Nothing in this section prohibits a county board of elections from taking preparatory steps for the count earlier than the times specified in this section, as long as the preparatory steps do not reveal to any individual not engaged in the actual count election results before the times specified in this subdivision for the count to begin. By way of illustration and not limitation, a preparatory step for the count would be the entry of tally cards from direct record electronic voting units into a computer for processing. The board shall not announce the result of the count before 7:30 p.m.
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(9)	In the event a political party does not have a member of the county board of elections present at the meeting to count absentee ballots due to illness or other cause of the member, the counting shall not commence until the county party chair of the absent member, or a member of the party's county executive committee, is in attendance. The person shall act as an official witness to the counting and shall sign the absentee ballot abstract as an "observer".
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(11)	Any absentee ballots received pursuant to G.S. 163‑231(b)(2) shall be counted by the county board of elections on the day of canvass. The county board of elections shall comply with all other requirements of this section and G.S. 163‑230.1 for the counting of absentee ballots received pursuant to G.S. 163‑231(b)(2)."
SECTION 2.(b)  G.S. 163‑89(a) reads as rewritten:
"(a)	Time for Challenge. – The absentee ballot of any voter received by the county board of elections pursuant to G.S. 163‑231(b)(1) may be challenged on the day of any statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 P.M., or by the chief judge at the time of closing of the polls as provided in G.S. 163‑232 and G.S. 163‑258.26(b). The absentee ballot of any voter received by the county board of elections pursuant to G.S. 163‑231(b)(2) may be challenged no later than 5:00 p.m. on the next business day following the deadline for receipt of such absentee ballots."
SECTION 3.(a)  G.S. 163‑227.10 reads as rewritten:
"§ 163‑227.10.  Date by which absentee ballots must be available for voting.
(a)	A board of elections shall provide absentee ballots of the kinds needed 63 days prior to the statewide general election in even‑numbered years and 53 days prior to the date on which any other election shall be conducted, unless 45 days is authorized by the State Board under G.S. 163‑22(k) or there shall exist an appeal before the State Board or the courts not concluded, in which case the board shall provide the ballots as quickly as possible upon the conclusion of such an appeal. Provided, in a presidential election year, the board of elections shall provide general election ballots no later than three days after nomination of the presidential and vice presidential candidates if that nomination occurs later than 66 days prior to the statewide general election and makes compliance with the 63‑day deadline impossible. However, in the case of municipal elections, absentee ballots shall be made available no later than 30 days before an election. In every instance the board of elections shall exert every effort to provide absentee ballots, of the kinds needed by the date on which absentee voting is authorized to commence.
(b)	Second Primary. – The board of elections shall provide absentee ballots, of the kinds needed, as quickly as possible after the ballot information for a second primary has been determined."
SECTION 3.(b)  G.S. 163‑229 reads as rewritten:
"§ 163‑229.  Absentee ballots, applications on container‑return envelopes, and instruction sheets.
(a)	Absentee Ballot Form. – In accordance with the provisions of G.S. 163‑230.1, persons entitled to vote by absentee ballot shall be furnished with official ballots.
(b)	Application on Container‑Return Envelope. – In time for use not later than 63 days before a statewide general election in an even‑numbered year, and not later than 53 days before a statewide primary, other general election or county bond election, the county board of elections shall print a sufficient number of envelopes in which persons casting absentee ballots may transmit their marked ballots to the county board of elections. However, in the case of municipal elections, sufficient container‑return envelopes shall be made available no later than 30 days before an election. Each container‑return envelope shall have printed on it an application which shall be designed and prescribed by the State Board, providing for all of the following:
(1)	The voter's certification of eligibility to vote the enclosed ballot and of having voted the enclosed ballot in accordance with this Part.
(2)	A space for identification of the envelope with the voter and the voter's signature.
(3)	A space for the identification of the two persons witnessing the casting of the absentee ballot in accordance with G.S. 163‑231, those persons' signatures, and those persons' addresses.
(4)	A space for the name and address of any person who, as permitted under G.S. 163‑226.3(a), assisted the voter if the voter is unable to complete and sign the certification and that individual's signature.
(5)	A space for approval by the county board of elections.
(6)	A space to allow reporting of a change of name as provided by G.S. 163‑82.16.
(7)	A prominent display of the unlawful acts under G.S. 163‑226.3 and G.S. 163‑275, except if there is not room on the envelope, the State Board may provide for that disclosure to be made on a separate piece of paper to be included along with the container‑return envelope.
(8)	An area to attach additional documentation necessary to comply with the identification requirements in accordance with State Board rules, as provided in G.S. 163‑230.1.
(9)	A bar code or other unique identifier to allow both the county board of elections and the voter to track the ballot following return of the voted ballot to the county board of elections by the voter.
The container‑return envelope shall be printed in accordance with the instructions of the State Board, which shall prohibit the display of the voter's party affiliation on the outside of the container‑return envelope.
(c)	Instruction Sheets. – In time for use not later than 63 days before a statewide general election in an even‑numbered year, and not later than 53 days before a statewide primary, other general or county bond election, the county board of elections shall prepare and print a sufficient number of sheets of instructions on how voters are to prepare absentee ballots and return them to the county board of elections. However, in the case of municipal elections, instruction sheets shall be made available no later than 30 days before an election."
SECTION 3.(c)  G.S. 163‑230.1(c) reads as rewritten:
"(c)	Delivery of Absentee Ballots and Container‑Return Envelope to Applicant. – When the county board of elections receives a completed request form for applications and absentee ballots from the voter, or the near relative or the verifiable legal guardian of that voter, the county board shall promptly issue and transmit them to the voter in accordance with the following instructions:
(1)	On the top margin of each ballot the applicant is entitled to vote, the chair, a member, officer, or employee of the board of elections shall write or type the words "Absentee Ballot No. ____ " or an abbreviation approved by the State Board and insert in the blank space the number assigned the applicant's application in the register of absentee requests, applications, and ballots issued. That person shall not write, type, or print any other matter upon the ballots transmitted to the absentee voter. Alternatively, the board of elections may cause to be barcoded on the ballot the voter's application number, if that barcoding system is approved by the State Board.
(2)	The chair, member, officer, or employee of the board of elections shall fold and place the ballots (identified in accordance with the preceding instruction) in a container‑return envelope and write or type in the appropriate blanks thereon, in accordance with the terms of G.S. 163‑229(b), the absentee voter's name, the absentee voter's application number, and the designation of the precinct in which the voter is registered. If the ballot is barcoded under this section, the envelope may be barcoded rather than having the actual number appear. The person placing the ballots in the envelopes shall leave the container‑return envelope holding the ballots unsealed.
(3)	The chair, member, officer, or employee of the board of elections shall then place the unsealed container‑return envelope holding the ballots together with printed instructions for voting and returning the ballots, in an envelope addressed to the voter at the post office address stated in the request, seal the envelope, and mail it at the expense of the county board of elections: Provided, that in case of a request received after 5:00 p.m. on the Tuesday before the election under the provisions of subsection (b) of this section, in lieu of transmitting the ballots to the voter in person or by mail, the chair, member, officer, or employee of the board of elections may deliver the sealed envelope containing the instruction sheet and the container‑return envelope holding the ballots to a near relative or verifiable legal guardian of the voter.
The county board of elections may receive completed written request forms for applications at any time prior to the election but shall not mail applications and ballots to the voter or issue applications and ballots in person earlier than 63 days prior to the statewide general election in an even‑numbered year, or earlier than 53 days prior to any other election, except as provided in G.S. 163‑227.2, 163‑227.5, and 163‑227.6. No election official shall issue applications for absentee ballots except in compliance with this Article."
SECTION 3.(d)  G.S. 163‑22(k) reads as rewritten:
"(k)	Notwithstanding the provisions contained in Article 20 or Article 21A of Chapter 163 the State Board of Elections shall be authorized, by resolution adopted prior to the printing of the primary ballots, to reduce the time by which absentee ballots are required to be printed and distributed for the primary election from 53 days to 45 days. This authority shall not be authorized for absentee ballots to be voted in the general election, except if the law requires ballots to be available for mailing 63 days before the general election, and they are not ready by that date, the State Board of Elections shall allow the counties to mail them out as soon as they are available."
SECTION 4.  This act is effective when it becomes law and applies to elections held on or after that date.