§ 163-227.2 Alternate procedures for requesting application for absentee ballot; “one-stop” voting procedure in board office.
Overview of Statute
Section enumerates alternative methods and procedures for those voters requesting an absentee ballot.
Statute
(a) Any voter eligible to vote by absentee ballot under G.S. 163-226 may request an application for absentee ballots, complete the application, and vote under the provisions of this section and G.S. 163-227.2, 163-227.5, and 163-227.6.
(b) Not earlier than the third Thursday before an election, in which absentee ballots are authorized, in which a voter seeks to vote and not later than 3:00 P.M. on the last Saturday before that election, the voter shall appear in person only at the office of the county board of elections, except as provided in G.S. 163-227.6. A county board of elections shall conduct one-stop voting on the last Saturday before the election from 8:00 A.M. until 3:00 P.M. That voter shall enter the voting enclosure at the board office through the appropriate entrance and shall at once state his or her name and place of residence to an authorized member or employee of the board and present photo identification in accordance with G.S. 163-166.16. In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party under G.S. 163-119, the voter shall state the name of the authorizing political party in whose primary he wishes to vote. The board member or employee to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice. After examining the registration records, an employee of the board shall state whether the person seeking to vote is duly registered. If the voter is found to be registered that voter may request that the authorized member or employee of the board furnish the voter with an application for absentee ballots. The voter shall complete the application in the presence of the authorized member or employee of the board, and shall deliver the application to that person.
(c) If the application is properly filled out, the authorized member or employee shall enter the voter’s name in the register of absentee requests, applications, and ballots issued and shall furnish the voter with the ballots to which the application for absentee ballots applies. The voter thereupon shall vote in accordance with subsection (e) of this section.
All actions required by this subsection shall be performed in the office of the board of elections, except that the voting may take place in an adjacent room as provided by subsection (e) of this section. The application under this subsection shall be signed in the presence of the chair, member, director of elections of the board, or full-time employee, authorized by the board who shall sign the application and certificate as the witness and indicate the official title held by him or her. Notwithstanding G.S. 163-231(a), in the case of this subsection, only one witness shall be required on the certificate.
(d) Only the chairman, member, employee, or director of elections of the board shall keep the voter’s application for absentee ballots in a safe place, separate and apart from other applications and container-return envelopes. If the voter’s application for absentee ballots is disapproved by the board, the board shall so notify the voter stating the reason for disapproval by first-class mail addressed to the voter at that voter’s residence address and at the address shown in the application for absentee ballots; and the board shall enter a challenge under G.S. 163-89.
(e) The voter shall vote that voter’s absentee ballot in a voting booth in the office of the county board of elections, and the county board of elections shall provide a voting booth for that purpose, provided however, that the county board of elections may in the alternative provide a private room for the voter adjacent to the office of the board, in which case the voter shall vote that voter’s absentee ballot in that room. A voter at a one-stop site shall be entitled to the same assistance as a voter at a voting place on election day under G.S. 163-166.8. The State Board shall, where appropriate, adapt the rules it adopts under G.S. 163-166.8 to one-stop voting.
(f) At any site where one-stop absentee voting is conducted, there shall be a curtained or otherwise private area where the voter may mark the ballot unobserved.
(g) A voter who has moved within the county more than 30 days before election day but has not reported the move to the board of elections shall not be required on that account to vote a provisional ballot at the one-stop site, as long as the one-stop site has available all the information necessary to determine whether a voter is registered to vote in the county and which ballot the voter is eligible to vote based on the voter’s proper residence address. The voter with that kind of unreported move shall be allowed to vote the same kind of absentee ballot as other one-stop voters.
(h) Notwithstanding the exception specified in G.S. 163-36, counties which operate a modified full-time office shall remain open five days each week during regular business hours consistent with daily hours presently observed by the county board of elections, commencing with the date prescribed in G.S. 163-227.2(b) and continuing until 5:00 P.M. on the Friday prior to that election and shall also be open on the last Saturday before the election. A county board may conduct one-stop absentee voting during evenings or on weekends, as long as the hours are part of a plan submitted and approved according to subsection (g) of this section The boards of county commissioners shall provide necessary funds for the additional operation of the office during that time.
(i) Notwithstanding the provisions of G.S. 163-89(a) and (b), a challenge may be entered against a voter at a one-stop site under subsection (g) of this section or during one-stop voting at the county board office. The challenge may be entered by a person conducting one-stop voting under this section and G.S. 163-227.2, 163-227.5, and 163-227.6 or by another registered voter who resides in the same precinct as the voter being challenged. If challenged at the place where one-stop voting occurs, the voter shall be allowed to cast a ballot in the same way as other voters. The challenge shall be made on forms prescribed by the State Board. The challenge shall be heard by the county board of elections in accordance with the procedures set forth in G.S. 163-89(e).
(1973, c. 536, s. 1; 1975, c. 844, s. 12; 1977, c. 469, s. 1; c. 626, s. 1; 1979, c. 107, s. 14; c. 799, ss. 1-3; 1981, c. 305, s. 2; 1985, c. 600, s. 4; 1987, c. 583, s. 4; 1989, c. 520; 1989 (Reg. Sess., 1990), c. 991, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 53; 1995, c. 243, s. 1; c. 509, ss. 117, 118; 1995 (Reg. Sess., 1996), c. 561, s. 4; 1997-510, s. 2; 1999-455, s. 6; 2000-136, s. 2; 2001-319, s. 5(a)-(c); 2001-337, s. 2; 2001-353, s. 9; 2003-278, s. 11; 2005-428, ss. 5(a), 6(a), 7; 2007-253, s. 3; 2007-391, s. 34(a); 2009-541, s. 23; 2013-381, ss. 2.7, 16.5, 25.1, 25.2, 25.3, 30.7; 2014-111, s. 3; 2015-103, ss. 6(b), 8(b), (c); 2017-6, s. 3; 2018-112, s. 1; 2018-129, s. 1(a); 2018-144, ss. 1.4(b), 3.4(e), 3.4(f); 2018-146, s. 3.1(a), (b); 2019-239, s. 2(a).)
Editors’ Notes
Enactment of subsecs. (a) and (b), of then § 163-227.2, as amended by S.L. 2013-381, §§ 2.7, 16.5, and 25.1, 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, §§ 2.7, 16.5, and 25.1, to be in full force. S.L. 2013-381, § 16.5, in (a), substituted “section.” for “section and of G.S. 163-82.6A, as applicable.”; in the third sentence of (b), § 2.7, substituted “board and present photo identification in accordance with G.S. 163-166.13.” for “board.”; also in (b), § 25.1 substituted “second” for “third” preceding ”Thursday” in the first sentence, and substituted “1:00 P.M.” for “1:00 P.M. and may conduct it until 5:00 P.M. on that Saturday.” in the second sentence. Prior to amendment by S.L. 2013-381, subsecs. (a) and (b) read:
“(a) Any voter eligible to vote by absentee ballot under G.S. 163-226 may request an application for absentee ballots, complete the application, and vote under the provisions of this section and of G.S. 163-82.6A, as applicable.
“(b) Not earlier than the third Thursday before an election, in which absentee ballots are authorized, in which a voter seeks to vote and not later than 1:00 P.M. on the last Saturday before that election, the voter shall appear in person only at the office of the county board of elections, except as provided in subsection(g) of this section. A county board of elections shall conduct one-stop voting on the last Saturday before the election until 1:00 P.M. and may conduct it until 5:00 P.M. on that Saturday. That voter shall enter the voting enclosure at the board office through the appropriate entrance and shall at once state his or her name and place of residence to an authorized member or employee of the board. In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party under G.S. 163-119, the voter shall state the name of the authorizing political party in whose primary he wishes to vote. The board member or employee to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice. After examining the registration records, an employee of the board shall state whether the person seeking to vote is duly registered. If the voter is found to be registered that voter may request that the authorized member or employee of the board furnish the voter with an application form as specified in G.S. 163-227. The voter shall complete the application in the presence of the authorized member or employee of the board, and shall deliver the application to that person.”
- Cross-References:
- Absentee Ballot
- One-Stop Voting
1. Definition for Voting booth
“Voting booth” means the private space in which a voter is to mark an official ballot.
2. Definition for Voting place
“Voting place” means the building or area of the building that contains the voting enclosure.
3. Definition for political party
The term “political party” means any political party organized or operating in this State, whether or not that party is recognized under the provisions of G.S. 163A-950. A special definition of “political party organization” that applies only in Part 2 of this Article is set forth in G.S. 163A-1475. An affiliated party committee is deemed a political party for this Article as set forth in G.S. 163A-1416 and G.S. 163A-1417.
4. Definition for Voting enclosure
“Voting enclosure” means the room within the voting place that is used for voting.
5. Definition for day
The term “day” means calendar day.
6. Definition for made
A contribution is “made” during regular session if the check or other instrument is dated during the session, or if the check or other instrument is delivered to the limited contributee during session, or if the limited contributor pledges during the session to deliver the check or other instrument at a later time.
§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (4)
7. 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.
8. 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.
9. 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.
10. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
11. 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.
12. 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.)
13. 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.
14. 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.
15. Definition for Business
Business. – Any of the following organized for profit:
a. Association.
b. Business trust.
c. Corporation.
d. Enterprise.
e. Joint venture.
f. Organization.
g. Partnership.
h. Proprietorship.
i. Vested trust.
j. Every other business interest, including ownership or use of land for
income.
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
Case Name: North Carolina State Conference of NAACP v. McCrory
Citation: 997 F.Supp.2d 322
Federal Circuit Court: 4th Circuit Court
Year: 2014
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.