Code Section
Tool bar
North Carolina > Elections And Election Laws > Qualifying to Vote (§ § 163-54 through 163-90.3) Article 7A. Registration of Voters (§ § 163-82.1 through 163-83)

§ 163-82.20. Voter registration at other public agencies.

Overview of Statute

Section stipulates the requirements of State offices in accepting and processing voter registration applications.

Statute

(a) Voter Registration Agencies.–Every office in this State which accepts:

(1) Applications for a program of public assistance under Article 2 of Chapter 108A of the General Statutes or under Article 13 of Chapter 130A of the General Statutes;

(2) Applications for State-funded State or local government programs primarily engaged in providing services to persons with disabilities, with such office designated by the State Board of Elections; or

(3) Claims for benefits under Chapter 96 of the General Statutes, the Employment Security Law, is designated as a voter registration agency for purposes of this section.

(b) Duties of Voter Registration Agencies.–A voter registration agency described in subsection (a) of this section shall, unless the applicant declines, in writing, to register to vote:

(1) Distribute with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance:

a. The voter registration application form described in G.S. 163-82.3(a) or (b); or

b. The voter registration agency’s own form, if it is substantially equivalent to the form described in G.S. 163-82.3(a) or (b) and has been approved by the State Board of Elections, provided that the agency’s own form may be a detachable part of the agency’s paper application or may be a paperless computer process, as long as the applicant is required to sign an attestation as part of the application to register.

(2) Provide a form that contains the elements required by section 7(a)(6)(B) of the National Voter Registration Act; and

(3) Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application as is provided by the office with regard to the completion of its own forms.

(c) Provided that voter registration agencies designated under subdivision (a)(3) of this section shall only be required to provide the services set out in this subsection to applicants for new claims, reopened claims, and changes of address under Chapter 96 of the General Statutes, the Employment Security Law.

(d) Home Registration for Disabled.–If a voter registration agency provides services to a person with disability at the person’s home, the voter registration agency shall provide the services described in subsection (b) of this section at the person’s home.

(e) Prohibitions.–Any person providing any service under subsection (b) of this section shall not:

(1) Seek to influence an applicant’s political preference or party registration, except that this shall not be construed to prevent the notice provided by G.S. 163-82.4(d) to be given if the applicant refuses to declare his party affiliation;

(2) Display any such political preference or party allegiance;

(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.

(f) Confidentiality of Declination to Register.–No information relating to a declination to register to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration.

(g) Transmittal From Agency to Board of Elections.–Any voter registration application completed at a voter registration agency shall be accepted by that agency in lieu of the applicant’s mailing the application. Any such application so received shall be transmitted to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board of Elections.

(h) Twenty-Five-Day Deadline for an Election.–Applications to register accepted by a voter registration agency shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty-fifth calendar day immediately preceding such primary, general, or special election, provided that nothing shall prohibit voter registration agencies from continuing to accept applications during that period.

(i) Ineligible Applications Prohibited.–No person shall make application to register to vote under this section if that person is ineligible on account of age, citizenship, lack of residence for the period of time provided by law, or because of conviction of a felony.

(1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 507, s. 25.10(c); 1995 (Reg. Sess., 1996), c. 608, s. 1; 2009-541, s. 14(a); 2013-381, s. 12.1(f); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

 

Editors’ Notes

The enactment of this section, then § 163-82.20, as amended by S.L. 2013-381, § 12.1(f), 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, § 12.1(f), to be in full force. S.L. 2013-381 removed references to preregistration throughout the section. Prior to being amended by S.L. 2013-381, the section read:

“(a) Voter Registration Agencies.–Every office in this State which accepts:

“(1) Applications for a program of public assistance under Article 2 of Chapter 108A of the General Statutes or under Article 13 of Chapter 130A of the General Statutes;

“(2) Applications for State-funded State or local government programs primarily engaged in providing services to persons with disabilities, with such office designated by the State Board of Elections; or>

“(3) Claims for benefits under Chapter 96 of the General Statutes, the Employment Security Law, is designated as a voter registration agency for purposes of this section.

“(b) Duties of Voter Registration Agencies.–A voter registration agency described in subsection (a) of this section shall, unless the applicant declines, in writing, to register or preregister to vote:>

“(1) Distribute with each application for service or assistance, and with each recertification, renewal, or change of address relating to such service or assistance:

“a. The voter registration application form described in G.S. 163-82.3(a) or (b); or

“b. The voter registration agency’s own form, if it is substantially equivalent to the form described in G.S. 163-82.3(a) or (b) and has been approved by the State Board of Elections, provided that the agency’s own form may be a detachable part of the agency’s paper application or may be a paperless computer process, as long as the applicant is required to sign an attestation as part of the application to register or preregister.

“(2) Provide a form that contains the elements required by section 7(a)(6)(B) of the National Voter Registration Act; and

“(3) Provide to each applicant who does not decline to register or preregister to vote the same degree of assistance with regard to the completion of the registration application as is provided by the office with regard to the completion of its own forms.

“(c) Provided that voter registration agencies designated under subdivision (a)(3) of this section shall only be required to provide the services set out in this subsection to applicants for new claims, reopened claims, and changes of address under Chapter 96 of the General Statutes, the Employment Security Law.

“(d) Home Registration for Disabled.–If a voter registration agency provides services to a person with disability at the person’s home, the voter registration agency shall provide the services described in subsection (b) of this section at the person’s home.

“(e) Prohibitions.–Any person providing any service under subsection (b) of this section shall not:>

“(1) Seek to influence an applicant’s political preference or party registration, except that this shall not be construed to prevent the notice provided by G.S. 163-82.4(c) to be given if the applicant refuses to declare his party affiliation;

“(2) Display any such political preference or party allegiance;

“(3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering or preregistering to vote; or

“(4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or preregister or not to register or preregister has any bearing on the availability of services or benefits.

“(f) Confidentiality of Declination to Register.–No information relating to a declination to register or preregister to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration

“(g) Transmittal From Agency to Board of Elections.–Any voter registration or preregistration application completed at a voter registration agency shall be accepted by that agency in lieu of the applicant’s mailing the application. Any such application so received shall be transmitted to the appropriate board of elections not later than five business days after acceptance, according to rules which shall be promulgated by the State Board of Elections.

“(h) Twenty-Five-Day Deadline for an Election.–Applications to register accepted by a voter registration agency shall entitle a registrant to vote in any primary, general, or special election unless the registrant shall have made application later than the twenty-fifth calendar day immediately preceding such primary, general, or special election, provided that nothing shall prohibit voter registration agencies from continuing to accept applications during that period.

“(i) Ineligible Applications Prohibited.–No person shall make application to register or preregister to vote under this section if that person is ineligible on account of age, citizenship, lack of residence for the period of time provided by law, or because of conviction of a felony.”

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 [person]

The term “person” means any business entity, corporation, insurance company, labor union, or professional association.

§ 163A-1411 (72). Definitions.

Definition [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.)

§ 163A-1025 (4). 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 [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.

§ 163A-152 (5). Definitions.

Definition [accepted]

contribution is “accepted” during regular session if the check or other instrument is dated during the session, or if the limited contributee receives the check or other instrument during session and does not return it within 10 days, or agrees during session to receive the check or other instrument at a later time.

§ 163A-1426. Limitation on fund-raising during legislative session. (a) Definitions (5)

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.