GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 1
HOUSE BILL 1159
Short Title: Access to Voted Ballots. |
(Public) |
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Sponsors: |
Representatives Cleveland, Hanig, McNeely, and Clampitt (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Election Law and Campaign Finance Reform, if favorable, Rules, Calendar, and Operations of the House |
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June 1, 2022
A BILL TO BE ENTITLED
AN ACT to clarify access to voted ballots.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑165.1 reads as rewritten:
"§ 163‑165.1. Scope and general rules.
(a) Scope. – This Article shall apply to all elections in this State.
(b) Requirements of Official Ballots in Voting. – In any election conducted under this Article:
(1) All voting shall be by official ballot.
(2) Only votes cast on an official ballot shall be counted.
(c) Compliance With This Article. – All ballots shall comply with the provisions of this Article.
(d) Other Uses Prohibited. – An official ballot shall not be used for any purpose not authorized by this Article.
(e) Access to Voted
Ballots. – Voted ballots ballots, and any paper and
electronic records of associated with those individual voted ballots
ballots, shall be treated as confidential, and no person other than
elections officials performing their duties may have access to voted ballots
or paper or electronic records of individual voted ballots those
documents except by as follows:
(1) By court order or order.
(2) By order of the appropriate board of elections as part of the resolution of an election protest or investigation of an alleged election irregularity or violation.
(3) By response to a public records request for all
voted ballots of a precinct, ward, county, or city. Voted ballots ballots,
and paper and electronic records of individual voted ballots ballots,
shall not be disclosed to members of the public in such a way as to disclose
how a particular voter voted, unless a court orders otherwise. voted
and shall be redacted of any information identifying an individual voter.
(f) Violation. – Any person who has access to an official voted ballot or record and knowingly discloses in violation of subsection (e) of this section how an individual has voted that ballot is guilty of a Class 1 misdemeanor."
SECTION 2. This act is effective when it becomes law.