Code Section
Tool bar
North Carolina > Elections And Election Laws > Conduct of Primaries and Elections (§ § 163-128 through 163-225) Article 14A. Voting (§ § 163-165 through 163-167) Procedures at the Voting Place (§ § 163-166 through 163-167)

§ 163-166.18. Approval of employee identification cards for voting identification.

Overview of Statute

Section discusses employee ID cards for voting.

Statute

(a) The State Board shall approve the use of employee identification cards issued by a state or local government entity, including a charter school, for voting identification under G.S. 163-166.16 if the following criteria are met:

(1) The head elected official or lead human resources employee of the state or local government entity or charter school submits documentation satisfactory to the State Board that the following true1 have been met and will not knowingly be violated with regard to employee identification cards issued during the approval period:

a. The identification cards that are issued by the state or local government entity or charter school contain photographs of employees obtained by the state or local government entity or charter school employing entity or its agents or contractors, provided the photograph obtained (i) is a frontal image that includes the employee’s face and (ii) represents a clear, accurate likeness of the employee to whom the identification card is issued. If the photograph is one not produced by the state or local government entity or charter school, the state or local government entity or charter school shall certify in detail the process used by the state or local government entity or charter school to ensure the photograph is that of the employee to whom the identification card is issued and shall certify that the process is designed to confirm the identity of the employee to whom the identification card is issued.

b. The identification cards are issued after an employment application or other process that includes one or more methods of confirming the identity of the employee using information that include, but are not limited to, the social security number, citizenship status, and birthdate of the employee.

c. Access to the equipment for producing the identification cards is restricted through security measures.

d. Misuse of the equipment for producing the identification cards would be grounds for termination of an employee.

e. State or local or charter school officials would report any misuse of identification card equipment they have knowledge of to law enforcement if G.S. 163-275(19) was potentially violated.

f. The cards issued by the state or local government entity or charter school on or after January 1, 2021, contain a date of expiration.

g. The state or local government entity or charter school will provide copies of employee identification cards to the State Board to assist with training purposes.

(2) The state or local government entity complies with any other reasonable security measures determined by the State Board to be necessary for the protection and security of the employee identification process.

(b) The State Board shall establish a schedule for such submissions and approvals. The State Board shall permit a State or local government entity or charter school with no changes to the prior election cycle’s approval to submit a statement indicating no changes have been made by the State or local government entity or charter school. When the State Board approves for use the employee identification cards issued by a state or local government entity, including a charter school, for voting identification under G.S. 163-166.16, such approval shall be valid for the period from January 1 of an odd-numbered year through December 31 of the next even-numbered year.

(c) The State Board shall produce a list of participating employing entities every two years. The list shall be published on the State Board’s Web site and distributed to every county board of elections. The State Board shall publish sample employee identification cards for each participating State or local government entity or charter school.

(2018-144, s. 1.2(c); 2018-146, s. 3.1(a), (b); 2019-22, s. 3.)

Definition [election cycle]

The term “election cycle” means the period of time from January 1 after an election for an office through December 31 after the election for the next term of the same office. Where the term is applied in the context of several offices with different terms, “election cycle” means the period from January 1 of an odd-numbered year through December 31 of the next even-numbered year.

§ 163A-1411 (32). Definitions.

Definition [board]

The term “board” means the State Board with respect to all candidates for State, legislative, and judicial offices and the county board of elections with respect to all candidates for county and municipal offices. The term means the State Board with respect to all statewide referenda and the county board of elections conducting all local referenda.

§ 163A-1411 (3). Definitions.

 

 

 

 

Definition [Board]

Board. – Any State board, commission, council, committee, task force,
authority, or similar public body, however denominated, created by statute or
executive order, as determined and designated by the State Board, except for
those public bodies that have only advisory authority.

§ 163A-152 (3). Definitions

Definition [State]

“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

§ 163A-1336 (5). Definitions.

Definition [election]

The term “election” means any general or special election, a first or second primary, a run-off election, or an election to fill a vacancy. The term “election” shall not include any local or statewide referendum.

§ 163A-1411 (30). Definitions.

Definition [Election]

“Election” means the event in which voters cast votes in ballot items concerning proposals or candidates for office in this State or the United States. The term includes primaries, general elections, referenda, and special elections.

§ 163A-1095 (4). Definition

Definition [Contract]

Contract. – Any agreement, including sales and conveyances of real and
personal property, and agreements for the performance of services.

§ 163A-152 (19). Definitions.

Cases

North Carolina Cases

Case Name: Holmes v. Moore

Citation: 840 S.E.2d 244

Year: 2020

Case PDF: 840_S.E.2d_244

Case Summary: The Court of Appeals held that voters' right to participate in elections on equal basis regardless of race was substantial right supporting appeal of denial of preliminary injunction; historical context of legislation supported finding that legislation was motivated by racially discriminatory purpose; departures from normal procedural sequence of lawmaking supported finding that legislation was motivated by racially discriminatory purpose; legislative history supported finding legislation was motivated by racially discriminatory purpose; disparate impact on African American voters supported finding that legislation was motivated by racially discriminatory purpose; legislation was not likely to have passed in the absence of discriminatory purpose; and issuance of statewide preliminary injunction was required to protect voters' right to vote on equal terms.

Out-of-State Cases

Federal Cases