GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 2
HOUSE BILL 782
Committee Substitute Favorable 5/5/21
Short Title: Elections Certainty Act. |
(Public) |
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Sponsors: |
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Referred to: |
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May 4, 2021
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 one of the following applies:federal law
so requires or the ballots are received in accordance with Article 21A of this
Chapter.
a. Federal law so requires.
b. The ballots issued under this Article are
postmarked and that postmark is dated on or before the day of the statewide
primary or general election or county bond election and are received by the
county board of elections not later than three days after the election by 5:00
p.m.
c. The ballots issued under Article 21A of this
Chapter are received by the county board of elections not later than the end of
business on the business day before the canvass conducted by the county board
of elections held pursuant to G.S. 163‑182.5."
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 the
day before election day in a properly executed container‑return
envelope or absentee ballots received pursuant to G.S. 163‑231(b)(2)b.
or c. G.S. 163‑231(b)(2) shall be counted, except to
the extent federal law requires otherwise.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)b.
or c. 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 meeting 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)b.
or c. 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.
…
(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 chairman 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".
…
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)(ii) or
(iii) G.S. 163‑231(b)(2) may be challenged no earlier
than noon on the day following the election and 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 60 63 days
prior to the statewide general election in even‑numbered years and 50 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 63 66 days prior
to the statewide general election and makes compliance with the 60‑day
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 60 63 days before a
statewide general election in an even‑numbered year, and not later than 50
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 60 63 days before a statewide general
election in an even‑numbered year, and not later than 50 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 60 63 days prior
to the statewide general election in an even‑numbered year, or earlier
than 50 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 50 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 60 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.