A BILL TO BE ENTITLED
AN ACT TO provide that an observer serving at a voting place may alternate with another observer during the day of a primary or election at the option of the appointing authority.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 163‑45 reads as rewritten:
"§ 163‑45.  Observers; appointment.
(a)	The chair of each political party in the county shall have the right to designate observers to attend each voting place at each primary and election. In addition, the chair of each political party in the county shall have the right to designate 10 county at‑large observers. The chair of each political party in the State shall also have the right to designate up to 100 State at‑large observers. This right shall not extend to the chair of a political party during a primary unless that party is participating in the primary. In any election in which an unaffiliated candidate is named on the ballot, the unaffiliated candidate or the unaffiliated candidate's campaign manager shall have the right to appoint observers for each voting place consistent with the provisions in this section.
(a1)	For purposes of this section, an "observer" is a person appointed by the chair of a county political party, the chair of a State political party, or an unaffiliated candidate or an unaffiliated candidate's campaign manager to serve at voting places during a primary or election. A "precinct‑specific observer" is appointed by the chair of a county political party or an unaffiliated candidate or an unaffiliated candidate's campaign manager to serve at a particular voting place. A "county at‑large observer" is appointed by the chair of a county political party and may serve at any voting place in that county. A "State at‑large observer" is appointed by the chair of a State political party and may serve at any voting place in the State.
(a2)	Precinct‑specific observers and county at‑large observers must be registered voters of the county for which appointed and must have good moral character. State at‑large observers must be registered voters of the State and must have good moral character. No person who is a candidate on the ballot in a primary or election may serve as an observer or runner in that primary or election. Observers shall take no oath of office.
(b)	Prior to 10:00 A.M. on the fifth day prior to any primary or general election, individuals authorized to appoint precinct‑specific observers and county at‑large observers must submit in writing to the county board of elections a signed list of the observers  to be appointed. Prior to 10:00 A.M. on the fifth day prior to any primary or general election, individuals authorized to appoint State at‑large observers must submit in writing to the State Board of Elections a signed list of the observers to be appointed. The State Board of Elections shall provide a signed copy of the list of State at‑large observers to each county board of elections. Before the opening of the voting place on the day of a primary or general election, the county board of elections shall deliver one copy of each list of appointed observers to the chief judge for each affected precinct. The lists of observers submitted by each appointing authority may be amended no later than the time for opening the voting place on the day of any primary or general election.
(b1)	The county board of elections, or the chief judge and judges for each affected precinct, may for good cause reject any appointee and require that another observer be appointed. The names of any persons appointed in place of those persons rejected shall be furnished in writing to the chief judge of each affected precinct no later than the time for opening the voting place on the day of any primary or general election, either by the county board of elections or the individual making the substitute appointment.
(b2)	Individuals authorized to appoint observers under this section may appoint observers to serve at one‑stop sites under G.S. 163‑227.2, 163‑227.5, and 163‑227.6. A list of the observers to be appointed must be submitted pursuant to subsection (b) of this section before 10:00 A.M. on the fifth day before the observer is to observe. A county at‑large observer may serve at any one‑stop site in the county and a State at‑large observer may serve at any one‑stop site in the State.
(b3)	No more than two precinct‑specific observers appointed from each political party shall be permitted in the voting enclosure at each voting place at any time. In addition to the two precinct‑specific observers, one at‑large observer from each political party, whether designated as a county at‑large observer or a State at‑large observer, may be in the voting enclosure at each voting place. No more than two precinct‑specific observers designated by an unaffiliated candidate or an unaffiliated candidate's campaign manager appearing on the ballot shall be permitted in the voting enclosure at each voting place at any time.
(b4)	Observers may be relieved during the day of the primary or election. At the option of the appointing authority, a precinct‑specific observer may alternate with another precinct‑specific observer, and a county at‑large observer or State at‑large observer may alternate with another county at‑large observer or State at‑large observer, throughout the day as needed, provided that each observer's name is on the list submitted by the appointing authority as required by this section.
(c)	An observer shall do no electioneering at the voting place, and shall in no manner impede the voting process or interfere or communicate with or observe any voter in casting a ballot, but, subject to these restrictions, the chief judge and judges of elections shall permit the observer to make such observation and take such notes as the observer may desire.
(d)	Whether or not the observer attends to the polls for the requisite time provided by this section, each observer shall be entitled to obtain at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart, a list of the persons who have voted in the precinct so far in that election day. Counties that use an "authorization to vote document" instead of poll books may comply with the requirement in the previous sentence by permitting each observer to inspect election records so that the observer may create a list of persons who have voted in the precinct so far that election day; each observer shall be entitled to make the inspection at times specified by the State Board of Elections, but not less than three times during election day with the spacing not less than one hour apart.
(e)	Instead of having an observer receive the voting list in accordance with subsection (d) of this section, the chair of a county political party, or an unaffiliated candidate or an unaffiliated candidate's campaign manager, may send a runner to do so, even if an observer has not been appointed for that precinct. Each appointing authority using runners in an election shall provide to the county board of elections before 10:00 A.M. on the fifth day before election day a list of all runners to be used and must notify the county board of elections of the names of all runners to be used in each precinct before the runner goes to the precinct. The runner may receive a voter list from the precinct on the same schedule as an observer. Whether obtained by an observer or runner, each party or unaffiliated candidate is entitled to only one voter list at each of the scheduled times. No runner may enter the voting enclosure except when necessary to announce that runner's presence and to receive the list. The runner must leave immediately after being provided with the list."
SECTION 2.(a)  G.S. 163‑166.7(c)(9) reads as rewritten:
"(9)	Observers are given access as provided by G.S. 163‑45 to current information about which voters have voted."
SECTION 2.(b)  G.S. 163‑227.6(a) reads as rewritten:
"(a)	Notwithstanding any other provision of G.S. 163‑227.2, 163‑227.5, and this section, a county board of elections by unanimous vote of all its members may provide for one or more sites in that county for absentee ballots to be applied for and cast under these sections. Every individual staffing any of those sites shall be a member or full‑time employee of the county board of elections or an employee of the county board of elections whom the board has given training equivalent to that given a full‑time employee. Those sites must be approved by the State Board as part of a Plan for Implementation approved by both the county board of elections and by the State Board which shall also provide adequate security of the ballots and provisions to avoid allowing persons to vote who have already voted. The Plan for Implementation shall include a provision for the presence of observers at each one‑stop site equivalent to the provisions in G.S. 163‑45 for observers at voting places on election day. A county board of elections may propose in its Plan not to offer one‑stop voting at the county board of elections office; the State Board may approve that proposal in a Plan only if the Plan includes at least one site reasonably proximate to the county board of elections office and the State Board finds that the sites in the Plan as a whole provide adequate coverage of the county's electorate. If a county board of elections has considered a proposed Plan or Plans for Implementation and has been unable to reach unanimity in favor of a Plan, a member or members of that county board of elections may petition the State Board to adopt a plan for it. If petitioned, the State Board may also receive and consider alternative petitions from another member or members of that county board. The State Board may adopt a Plan for that county. The State Board, in that plan, shall take into consideration whether the Plan disproportionately favors any party, racial or ethnic group, or candidate."
SECTION 3.  This act becomes effective October 1, 2021, and applies to elections held on or after that date.