§ 163-227.6. Sites and hours for one-stop voting.
Overview of Statute
Section discusses one-stop absentee voting.
Statute
(a) Notwithstanding any other provision of G.S. 163-227.2, 163-227.5, and this section, a county board of elections by unanimous vote of all its members may provide for one or more sites in that county for absentee ballots to be applied for and cast under these sections. Every individual staffing any of those sites shall be a member or full-time employee of the county board of elections or an employee of the county board of elections whom the board has given training equivalent to that given a full-time employee. Those sites must be approved by the State Board as part of a Plan for Implementation approved by both the county board of elections and by the State Board which shall also provide adequate security of the ballots and provisions to avoid allowing persons to vote who have already voted. The Plan for Implementation shall include a provision for the presence of political party observers at each one-stop site equivalent to the provisions in G.S. 163-45 for party observers at voting places on election day. A county board of elections may propose in its Plan not to offer one-stop voting at the county board of elections office; the State Board may approve that proposal in a Plan only if the Plan includes at least one site reasonably proximate to the county board of elections office and the State Board finds that the sites in the Plan as a whole provide adequate coverage of the county’s electorate. If a county board of elections has considered a proposed Plan or Plans for Implementation and has been unable to reach unanimity in favor of a Plan, a member or members of that county board of elections may petition the State Board to adopt a plan for it. If petitioned, the State Board may also receive and consider alternative petitions from another member or members of that county board. The State Board may adopt a Plan for that county. The State Board, in that plan, shall take into consideration whether the Plan disproportionately favors any party, racial or ethnic group, or candidate.
(b) The State Board shall not approve, either in a Plan approved unanimously by a county board of elections or in an alternative Plan proposed by a member or members of that board, a one-stop site in a building that the county board of elections is not entitled under G.S. 163-129 to demand and use as an election-day voting place, unless the State Board finds that other equally suitable sites were not available and that the use of the sites chosen will not disproportionately favor any party, racial or ethnic group, or candidate. In providing the site or sites for one-stop absentee voting under G.S. 163-227.2, 163-227.5, and this section, the county board of elections shall make a request to the State, county, city, local school board, or other entity in control of the building that is supported or maintained, in whole or in part, by or through tax revenues at least 90 days prior to the start of one-stop absentee voting under these sections. The request shall clearly identify the building, or any specific portion thereof, requested the dates and times for which that building or specific portion thereof is requested and the requirement of an area for election related activity. If the State, local governing board, or other entity in control of the building does not respond to the request within 20 days, the building or specific portion thereof may be used for one-stop absentee voting as stated in the request. If the State, local governing board, or other entity in control of the building or specific portion thereof responds negatively to the request within 20 days, that entity and the county board of elections shall, in good faith, work to identify a building or specific portion thereof in which to conduct one-stop absentee voting under 163-227.2, 163-227.5, and this section. If no building or specific portion thereof has been agreed upon within 45 days from the date the county board of elections received a response to the request, the matter shall be resolved by the State Board.
(c) For all sites approved for one-stop voting under this section, a county board of elections shall provide the following:
(1) Each one-stop site across the county shall be open at that same location during the period required by G.S. 163-227.2(b).
(2) If any one-stop site across the county is opened on any day during the period required by G.S. 163-227.2(b), all one-stop sites shall be open on that day.
(3) On each weekday during the period required by G.S. 163-227.2(b), all one-stop sites shall be open from 8:00 A.M. to 7:30 P.M.
(4) If the county board of elections opens one-stop sites on Saturdays other than the last Saturday before the election during the period required by G.S. 163-227.2(b), then all one-stop sites shall be open for the same number of hours uniformly throughout the county on those Saturdays.
(5) If the county board of elections opens one-stop sites on Sundays during the period required by G.S. 163-227.2(b), then all one-stop sites shall be open for the same number of hours uniformly throughout the county on those Sundays.
(6) All one-stop sites shall be open on the last Saturday before the election, for the hours required under G.S. 163-227.2(b) for that last Saturday.
(d) Notwithstanding subsection (c) of this section, a county board of elections by unanimous vote of all its members may propose a Plan for Implementation providing for the number of sites set out below in that county for absentee ballots to be applied for and cast with days and hours that vary from the county board of elections, or its alternate, and other additional one-stop sites in that county. If the county board of elections is unable to reach unanimity in favor of a Plan for Implementation, a member or members of the county board of elections may petition the State Board to adopt a plan for the county and the State Board may adopt a Plan for Implementation for that county. However, any Plan of Implementation approved under this subsection shall provide for uniform location, days, and hours for that one site throughout the period required by G.S. 163-227.2(b). This subsection applies only to a county that meets any of the following:
(1) One site in a county that includes a barrier island, which barrier island meets all of the following conditions:
a. It has permanent inhabitation of residents residing in an unincorporated area.
b. It is bounded on the east by the Atlantic Ocean and on the west by a coastal sound.
c. It contains either a National Wildlife Refuge or a portion of a National Seashore.
d. It has no bridge access to the mainland of the county and is only accessible by marine vessel.
(2) Up to two sites in a county that is bounded by the largest sound on the East Coast and the county seat is located at the intersection of two rivers, which divide the county.
(e) Notwithstanding G.S. 163-227.2 and subdivisions (c)(2) and (c)(3) of this section, a county board of elections by unanimous vote of all its members may propose a Plan for Implementation providing for sites in that county for absentee ballots to be applied for and cast in elections conducted in odd-numbered years. The proposed Plan for Implementation shall specify the hours of operation for the county board of elections for an election conducted in that county for that odd-numbered year. If the county board of elections is unable to reach unanimity in favor of a Plan for Implementation for that odd-numbered year, a member or members of the county board of elections may petition the State Board to adopt a Plan for Implementation for the county, and the State Board may adopt a Plan for Implementation for that county. However, throughout the period required by G.S. 163-227.2(b), any Plan of Implementation approved under this subsection shall provide for a minimum of regular business hours consistent with daily hours presently observed by the county board of elections for the county board of elections, or its alternate, and for uniform locations, days, and hours for all other additional one-stop sites in that county.
(1973, c. 536, s. 1; 1975, c. 844, s. 12; 1977, c. 469, s. 1; 1977, c. 626, s. 1; 1979, c. 107, s. 14; 1979, c. 799, ss. 1 to 3; 1981, c. 305, s. 2; 1985, c. 600, s. 4; 1987, c. 583, s. 4; 1989, c. 520, s. 1; 1989 (Reg. Sess., 1990), c. 991, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 53; 1995, c. 243, s. 1; 1995, c. 509, ss. 117, 118; 1995 (Reg. Sess., 1996), c. 561, s. 4; 1997-510, s. 2; 199-455, s. 6; 2000-136, s. 2; 2001-319, s. 5(a) to (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. 16.5, 25.1, 25.2, 25.3, 2.7, 30.7; 2014-111, s. 3; 2015-103, s. 8(b), (c); 2017-6, s. 3; 2018-112, s. 2; 2018-129, ss. 1(b), (2); 2018-144, s. 3.4(g); 2018-146, s. 3.1(a), (b); 2019-22, ss. 7, 7.5(a), (b); 2019-239, s. 2(b).)
Editors’ Notes
The enactment of then subsec. (g) of then § 163-227.2, now subsec. (a) of this section, as amended by S.L. 2013-381, § 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 the enactment of S.L. 2013-381, § 25.1, to be in full force. S.L. 2013-381, amended then § 163-227.2(g) by adding two sentences at the end. Prior to amendment by S.L. 2013-381, subsection (g) read:
“(g) Notwithstanding any other provision of this section, a county board of elections by unanimous vote of all its members may provide for one or more sites in that county for absentee ballots to be applied for and cast under this section. Every individual staffing any of those sites shall be a member or full-time employee of the county board of elections or an employee of the county board of elections whom the board has given training equivalent to that given a full-time employee. Those sites must be approved by the State Board of Elections as part of a Plan for Implementation approved by both the county board of elections and by the State Board of Elections which shall also provide adequate security of the ballots and provisions to avoid allowing persons to vote who have already voted. The Plan for Implementation shall include a provision for the presence of political party observers at each one-stop site equivalent to the provisions in G.S. 163-45 for party observers at voting places on election day. A county board of elections may propose in its Plan not to offer one-stop voting at the county board of elections office; the State Board may approve that proposal in a Plan only if the Plan includes at least one site reasonably proximate to the county board of elections office and the State Board finds that the sites in the Plan as a whole provide adequate coverage of the county’s electorate. If a county board of elections has considered a proposed Plan or Plans for Implementation and has been unable to reach unanimity in favor of a Plan, a member or members of that county board of elections may petition the State Board of Elections to adopt a plan for it. If petitioned, the State Board may also receive and consider alternative petitions from another member or members of that county board. The State Board of Elections may adopt a Plan for that county. The State Board, in that plan, shall take into consideration factors including geographic, demographic, and partisan interests of that county.”
1. Definition for individual
The term “individual” means a single individual or more than one individual.
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 day
The term “day” means calendar day.
5. Definition for city
The term “city” means any incorporated city, town, or village.
6. 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.
7. 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.
8. 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.
9. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
10. 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.
11. 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.)
12. 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.
13. 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.
14. 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.
15. Definition for candidate
The term “candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has taken positive action for the purpose of bringing about that individual’s nomination, retention, or election to public office. Examples of positive action include any of the following:
a. Filing a notice of candidacy, filing a notice to be retained, or a petition requesting to be a candidate.
b. Being certified as a nominee of a political party for a vacancy.
c. Otherwise qualifying as a candidate in a manner authorized by law.
d. Making a public announcement of a definite intent to run for public office in a particular election.
e. Receiving funds or making payments or giving the consent for anyone else to receive funds or transfer anything of value for the purpose of bringing about that individual’s nomination or election to office. Transferring anything of value includes incurring an obligation to transfer anything of value. Status as a candidate for the purpose of this Article continues if the individual is receiving contributions to repay loans or cover a deficit or is making expenditures to satisfy obligations from an election already held. Special definitions of “candidate” and “candidate campaign committee” that apply only in Part 2 of this Article are set forth in G.S. 163A-1475.
16. Definition for Candidate
“Candidate” means any individual who, with respect to a public office listed in G.S. 163A-1411(80), has filed a notice of candidacy, notice of retention, or a petition requesting to be a candidate, or has been certified as a nominee of a political party for a vacancy, or has otherwise qualified as a candidate in a manner authorized by law, or has filed a statement of organization under G.S. 163A-1412 and is required to file periodic financial disclosure statements under G.S. 163A-1418.
Cases
North Carolina Cases
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.