§ 163-82.6A. Address and name changes at one-stop sites.
Overview of Statute
Provides an existing registrant the ability to change name and address at one-stop voting sites.
Change of Registration at One-Stop Voting Site. – A person who is already registered to
vote in the county may update the information in the registration record in accordance with
procedures prescribed by the State Board, but an individual’s party affiliation may not be
changed during the one-stop voting period before any first or second partisan primary in which
the individual is eligible to vote. (2007-253, s. 1; 2009-541, s. 11; 2013-381, ss. 16.1, 16.1A;
2017-6, s. 3; S.L. 2018-146, s. 3.1(a), (b).)
The enactment of this section, then § 163-82.6A, as amended by S.L. 2013-381, §§ 16.1 and 16.1A, was enjoined by order dated July 29, 2016 in North Carolina State Conference of NAACP v. McCrory, 831.F.3d 204, with the provision in effect prior to amendment by S.L. 2013-381, §§ 16.1 and 16.1A, to be in full force. S.L. 2013-381 amended the caption and repealed all of the text of the section, except for subsec. (e), which remained as the only paragraph of § 163A-866. Prior to being amended by S.L. 2013-381, the caption and section read:
“I§ 163-82.6A. In-person registration and voting at one-stop sites
“(a) Who May Register in Person. — In accordance with the provisions in this section, an individual who is qualified to register to vote may register in person and then vote at a one-stop voting site in the person’s county of residence during the period for one-stop voting provided under G.S. 163-227.2. For purposes of this section, a one-stop voting site includes the county board of elections office, if that office is used for one-stop voting.
“(b) Both Attestation and Proof of Residence Required. — To register and vote under this section, the person shall do both of the following:
“(1) Complete a voter registration form as prescribed in G.S. 163-82.4, including the attestation requirement of G.S. 163-82.4(b) that the person meets each eligibility requirement. Such attestation is signed under penalty of a Class I felony under G.S. 163-275(13); and
“(2) Provide proof of residence by presenting any of the following valid documents that show the person’s current name and current residence address: a North Carolina drivers license, a photo identification from a government agency, or any of the documents listed in G.S. 163-166.12(a)(2). The State Board of Elections may designate additional documents or methods that suffice and shall prescribe procedures for establishing proof of residence.
“(c) Voting With Retrievable Ballot. — A person who registers under this section shall vote a retrievable absentee ballot as provided in G.S. 163-227.2 immediately after registering. If a person declines to vote immediately, the registration shall be processed, and the person may later vote at a one-stop voting site under this section in the same election.
“(d) Verification of Registration; Counting of Ballot. — Within two business days of the person’s registration under this section, the county board of elections in conjunction with the State Board of Elections shall verify the North Carolina drivers license or Social Security number in accordance with G.S. 163-82.12, update the statewide registration database and search for possible duplicate registrations, and proceed under G.S. 163-82.7 to verify the person’s address. The person’s vote shall be counted unless the county board determines that the applicant is not qualified to vote in accordance with the provisions of this Chapter.
“(e) Change of Registration at One-Stop Voting Site. — A person who is already registered to vote in the county may update the information in the registration record in accordance with procedures prescribed by the State Board of Elections, but an individual’s party affiliation may not be changed during the one-stop voting period before any first or second partisan primary in which the individual is eligible to vote.
“(f) Voting in Primary.–Any person who will become qualified by age to register and vote in the general election for which a partisan or nonpartisan primary is held, even though not so qualified by the date of the primary, may register for the primary and general election prior to the primary and then vote in the primary and general election after being registered in accordance with the provisions of this section.”
1. Definition for individual
The term “individual” means a single individual or more than one individual.
2. Definition for day
The term “day” means calendar day.
3. Definition for 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.
4. Definition for 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.
5. Definition for 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.
6. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
7. Definition for Ballot
(Effective until January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal. The term “ballot” may include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic
scanner, the face of a lever voting machine, the image on a direct record electronic unit, or a ballot used on any other voting system.
(Effective January 1, 2018 or September 1, 2019 – see note) “Ballot” means an instrument on which a voter indicates that voter’s choice for a ballot item so that it may be recorded as a vote for or against a certain candidate or referendum proposal, and is evidenced by an individual paper document that bears marks made by the voter by hand or through electronic
means, whether preprinted or printed in the voting enclosure.
8. Definition for Office
(4) Office. – The elected office for which the candidate has filed or petitioned.
(2006-155, s. 1; 2006-259, s. 48(a); 2017-6, s. 3.)
9. Definition for 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.
10. Definition for 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.
11. Definition for Business
Business. – Any of the following organized for profit:
b. Business trust.
e. Joint venture.
i. Vested trust.
j. Every other business interest, including ownership or use of land for
North Carolina Cases
Case Name: League of Women Voters of North Carolina v. North Carolina
Citation: 769 F.3d 224
Federal Circuit Court: 4th Circuit Court
Case PDF: League of Women Voters of N.C. v. State
Case Summary: District court did not abuse its discretion, in action challenging North Carolina laws permitting the chairs of each county party to designate 10 additional at-large poll observers and permitting any registered voter to challenge the ballot on Election Day. Challengers (United States, individuals, churches, and civil rights organizations) were likely to succeed on merits of their claims that North Carolina's elimination of same-day registration and out-of-precinct voting violated § 2 of the Voting Rights Act and thus were entitled to preliminary injunction barring its implementation in the upcoming election.
Case Name: North Carolina State Conference of NAACP v. McCrory
Citation: 997 F.Supp.2d 322
Federal Circuit Court: 4th Circuit Court
Case PDF: NAACPvMcCrory
Case Summary: Various civil rights organizations failed to make clear showing that they were likely to be irreparably harmed by the North Carolina omnibus election reform law provisions calling for increased poll observers, allowing voters to challenge ballots, eliminating discretion to keep polls open, and precluding preliminary injunction to enjoin implementation of these provisions on their equal protection and twenty-sixth amendment challenges. Specifically the voters brought challenge to early registration cutoff under the Anderson-Burdick balancing test, as it applies to state election procedures. Under thus judicial precedent, the court held no matter how slight the voters burden may appear, it must be justified by relevant and legitimate state interests need sufficient weight to justify the limitation. Here the slight burden imposed by the 25-day cut-off is more than justified by the State's important interest in detecting fraud and ensuring that only properly verified voters have their votes counted at the canvass. Therefore, the Plaintiff's concerns regarding election threats to voting rights did not support a conclusion that additional poll observers and additional measures needed to be taken by the State Board of Elections and their motion to preliminarily enjoin SL 2013-381's elimination of SDR on such basis shall be denied. The United States, various African-American individuals, churches, and civil rights organizations failed to meet their burden in showing of discriminatory intent and thus will not succeed on the merits of their claim that North Carolina omnibus election law provision which eliminated out-of-precinct provisional voting violated the Voting Rights Act (VRA) section prohibiting race or color-based qualifications or prerequisites for voting. Nor did individual young voters present sufficient evidence that they were likely to suffer irreparable harm before trial pursuant to their Twenty-Sixth Amendment challenge to North Carolina’s omnibus election provision as any 17-year-old who would be 18 by election day was able to register even under the challenged provision. Further challenges that the provision eliminating the pre-registration program of 16- and 17-year-olds did not discriminate against young voters nor place targeted hardship on grounds that they would have to expend greater resources to vote, thus was not sufficiently particularized to confer standing as any of the state's 6.5 million registered voters would have had standing to such challenge. Accordingly, without evidence of financial harm or a direct legally congnizable injury, the group of young voters failed to allege a sufficient claim under the Twenty-Sixth Amendment challenges. In conclusion, the manner of proceedings in North Carolina's General Assembly leading up to enactment of an omnibus election reform act provision eliminating same-day registration did not raise strong inferences of discriminatory intent required to support these challenges asserted by the United States and various African-American individuals, churches, and civil rights organizations under the Voting Rights Act which prohibits race- or color-based qualifications or prerequisites for voting.