§ 163-228. Register of absentee requests, applications, and ballots issued; a public record.
Overview of Statute
Section mandates the State Board of Elections to approve the official register of all absentee voting documents for each county.
Statute
(a) With respect to each request for mail-in absentee ballots, the State Board shall approve an official register in which the county board of elections in each county of the State shall record the following information:
(1) Name of voter for whom application and ballots are being requested, and, if applicable, the name and address of the voter’s near relative or verifiable legal guardian who requested the application and ballots for the voter.
(2) Number of assigned voter’s application when issued.
(3) Precinct in which the applicant is registered.
(4) Address to which ballots are to be mailed.
(5) Repealed by Session Laws 2009-537, s. 3, effective January 1, 2010, and applicable with respect to elections held on or after that date.
(6) Date request for application for ballots is received by the county board of elections.
(7) The voter’s party affiliation.
(8) The date the ballots were mailed or delivered to the voter.
(9) Whatever additional information and official action may be required by this Article.
(a1) With respect to each early “one-stop” absentee ballot voted under G.S. 163-227.2, 163-227.5, and 163-227.6, the State Board shall approve an official register in which the county board of elections in each county of the State shall record the following information:
(1) Name of voter for whom application and ballots are being requested.
(2) Number of assigned voter’s application when issued.
(3) The precinct in which the voter is registered.
(4) The date the voter voted early “one-stop.”
(5) The voter’s party affiliation.
(6) Whatever additional information and official action may be required by this Article.
(b) The State Board may provide for the official registers required by this section to be kept by electronic data processing equipment.
(c) The official register required by subsection (a) of this section shall be confidential and not a public record until the opening of the voting place in accordance with G.S. 163-166.01, at which time the official register shall constitute a public record. The official register required by subsection (a1) of this section shall constitute a public record and shall be opened to the inspection of any registered voter of the county within 60 days before and 30 days after an election in which absentee ballots were authorized, or at any other time when good and sufficient reason may be assigned for its inspection.
(d) The State Board shall require the county board of elections to transmit information in the official register provided for in this section and the list required by G.S. 163-232 to the State Board. The State Board shall adopt rules to implement this subsection, including frequency of transmittal.
(e) Notwithstanding subsection (c) of this section, the State Board or a county board of elections shall inform the voter of the status of that voter’s request for mail-in absentee ballots upon inquiry of the voter or the voter’s near relative or verifiable legal guardian.
(1967, c. 775, s. 1; c. 952, s. 4; 1973, c. 536, s. 1; 1977, c. 469, s. 1; 1991, c. 636, s. 21; 1999-455, s. 7; 2009-537, s. 3; 2017-6, s. 3; 2018-144, s. 3.4(h); 2018-146, s.s 4.9, 3.1(a), (b); 2019-239, s. 1.1(a).)
- Cross-References:
- State Board of Elections
1. Definition for Voting place
“Voting place” means the building or area of the building that contains the voting enclosure.
2. Definition for Official action
Official action. – Any decision, including administration, approval,
disapproval, preparation, recommendation, the rendering of advice, and
investigation, made or contemplated in any proceeding, application,
submission, request for a ruling or other determination, contract, claim,
controversy, investigation, charge, or rule making.
3. Definition for day
The term “day” means calendar day.
4. 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.
5. 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.
6. 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.
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 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.
9. 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.