§ 163-82.6. Acceptance of application forms.
Overview of Statute
Section provides for the qualified methods of application submission and enumerates penalties regarding unlawful use of the provided application.
Statute
(a) How the Form May Be Submitted.–The county board of elections shall accept any form described in G.S. 163-82.3 if the applicant submits the form by mail, facsimile transmission, transmission of a scanned document, or in person. The applicant may delegate the submission of the form to another person. Any person who communicates to an applicant acceptance of that delegation shall deliver that form so that it is received by the appropriate county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be a Class 2 misdemeanor for any person to communicate to the applicant acceptance of that delegation and then fail to make a good faith effort to deliver the form so that it is received by the county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be an affirmative defense to a charge of failing to make a good faith effort to deliver a delegated form by the registration deadline that the delegatee informed the applicant that the form would not likely be delivered in time for the applicant to vote in the next election. It shall be a Class 2 misdemeanor for any person to sell or attempt to sell a completed voter registration form or to condition its delivery upon payment.
(b) Misdemeanors.–It shall be a Class 2 misdemeanor for any person to do any of the following:
(1) To communicate to the applicant acceptance of the delegation described in subsection (a) of this section and then fail to make a good faith effort to deliver the form so that it is received by the county board of elections in time to satisfy the registration deadline in subdivision (1) or (2) of subsection (d) of this section for the next election. It shall be an affirmative defense to a charge of failing to make a good faith effort to deliver a delegated form by the registration deadline that the delegatee informed the applicant that the form would not likely be delivered in time for the applicant to vote in the next election.
(2) To sell or attempt to sell a completed voter registration form or to condition its delivery upon payment.
(3) To change a person’s information on a voter registration form prior to its delivery to a county board of elections.
(4) To coerce a person into marking a party affiliation other than the party affiliation the person desires.
(5) To offer a person a voter registration form that has a party affiliation premarked unless the person receiving the form has requested the premarking.
(c) Signature.–The form shall be valid only if signed by the applicant. An electronically captured signature, including signatures on applications generated by computer programs of third-party groups, shall not be valid on a voter registration form, except as provided in Article 21A of this Chapter. Notwithstanding the provisions of this subsection, an electronically captured image of the signature of a voter on an electronic voter registration form offered by a State agency shall be considered a valid signature for all purposes for which a signature on a paper voter registration form is used.
(d) Registration Deadlines for a Primary or Election.–In order to be valid for a primary or election, the form:
(1) If submitted by mail, must be postmarked at least 25 days before the primary or election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the primary or election,
(2) If submitted in person, by facsimile transmission, or by transmission of a scanned document, must be received by the county board of elections by a time established by that board, but no earlier than 5:00 P.M., on the twenty-fifth day before the primary or election,
(3) If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the primary or election, except as provided in subsection (f) of this section.
(e) If the application is submitted by facsimile transmission or transmission of a scanned document, a permanent copy of the completed, signed form shall be delivered to the county board no later than 20 days before the election.
(f) Instances When Person May Register and Vote on Primary or Election Day.–If a person has become qualified to register and vote between the twenty-fifth day before a primary or election and primary or election day, then that person may apply to register on primary or election day by submitting an application form described in G.S. 163-82.3(a) or (b) to:
(1) A member of the county board of elections;
(2) The county director of elections; or
(3) The chief judge or a judge of the precinct in which the person is eligible to vote,
and, if the application is approved, that person may vote the same day. The official in subdivisions (1) through (3) of this subsection to whom the application is submitted shall decide whether the applicant is eligible to vote. The applicant shall present to the official written or documentary evidence that the applicant is the person he represents himself to be. The official, if in doubt as to the right of the applicant to register, may require other evidence satisfactory to that official as to the applicant’s qualifications. If the official determines that the person is eligible, the person shall be permitted to vote in the primary or election and the county board shall add the person’s name to the list of registered voters. If the official denies the application, the person shall be permitted to vote a challenged ballot under the provisions of G.S. 163-88.1, and may appeal the denial to the full county board of elections. The State Board of Elections shall promulgate rules for the county boards of elections to follow in hearing appeals for denial of primary or election day applications to register. No person shall be permitted to register on the day of a second primary unless he shall have become qualified to register and vote between the date of the first primary and the date of the succeeding second primary.
(g) For purposes of subsection (f) of this section, persons who “become qualified to register and vote” during a time period:
(1) Include those who during that time period are naturalized as citizens of the United States or who are restored to citizenship after a conviction of a felony; but
(2) Do not include persons who reach the age of 18 during that time period, if those persons were eligible to register while 17 years old during an earlier period.
(h) The county board of elections shall forward by electronic means any application submitted for the purpose of preregistration to the State Board of Elections. No later than 60 days prior to the first election in which the applicant will be legally entitled to vote, the State Board of Elections shall notify the appropriate county board of elections to verify the qualifications and address of the applicant in accordance with G.S. 163-82.7.
(1967, c. 761, s. 3; c. 775, s. 1; 1969, c. 750, ss. 1, 2; 1977, c. 626, s. 1; 1979, c. 539, s. 5; c. 766, s., 2; 1981, c. 33, s. 2; 1981 (Reg. Sess., 1982), c. 1265, s. 6; 1983, c. 553; 1985, c. 260, s. 1; 1991, c. 363, s. 1; 1991 (Reg. Sess., 1992), c. 1032, s. 1; 1991 (Reg. Sess., 1992), c. 1044, s. 18(a); 1993, c. 74, s. 1; 1993 (Reg. Sess., 1994), c. 762, s. 2; 1995, c. 243, s. 1; 1997-456, s. 27; 1999-426, s. 1(a), (b); 2001-315, s. 1; 2001-319, s. 6(a); 2003-226, s. 4; 2004-127, s. 9(a); 2007-253, s. 2; 2007-391, s. 16(a); 2008-150, s. 5(d), (e); 2009-541, s. 10(a); 2013-381, ss. 13.1, 16.3; 2017-6, s. 3; S.L. 2018-146, s. 3.1(a), (b).)
Editors’ Notes
The enactment of subsec. (d) of this section, then § 163-82.6(c), as amended by S.L. 2013-381, § 16.3, 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, § 16.3, to be in full force. S.L. 2013-381, in the introductory paragraph of (c), deleted “except as provided in G.S. 163-82.6A,” preceding “the form:”. Prior to being amended by S.L. 2013-381, subsec. (c) read:
“(c) Registration Deadlines for a Primary or Election.–In order to be valid for a primary or election, except as provided in G.S. 163-82.6A, the form:
“(1) If submitted by mail, must be postmarked at least 25 days before the primary or election, except that any mailed application on which the postmark is missing or unclear is validly submitted if received in the mail not later than 20 days before the primary or election,
“(2) If submitted in person, by facsimile transmission, or by transmission of a scanned document, must be received by the county board of elections by a time established by that board, but no earlier than 5:00 P.M., on the twenty-fifth day before the primary or election,
“(3) If submitted through a delegatee who violates the duty set forth in subsection (a) of this section, must be signed by the applicant and given to the delegatee not later than 25 days before the primary or election, except as provided in subsection (d) of this section.”
- Cross-References:
- Registration Violations
1. Definition for State agency
State agency. – An agency in the executive branch of the government of this
State, including the Governor’s Office, a board, a department, a division, and
any other unit of government in the executive branch.
2. Definition for United States
“United States,” used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
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 person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
8. 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.
9. Definition for Payment
Payment. – Any money, thing of value, or economic benefit conveyed to the
lobbyist for lobbying, other than reimbursement of actual travel,
administrative expenses, or subsistence.
10. 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.
11. 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.
Cases
North Carolina Cases
Case Name: Hammond v. McRae
Citation: 110 S.E. 102
Year: 1921
Case PDF: Hammond v. McRae
Case Summary: Voters contest that the failure to keep registration books open for the full 20 days as required by law invalidated the election was rejected. The court held that such failure did not affect the election because there was no evidence of the failure of any voter to register or that any application was made to register after the books were closed.
Case Name: Hardee v. City of Henderson
Citation: 170 N.C. 572
Year: 1916
Case PDF: Hardeev. City of Henderson
Case Summary: Taxpayers challenged the validity of the election because the registration books were not kept open long enough. Although N.C. Rev. Statute § 2952 required registration books, for municipal elections, remain open seven days prior to the election, N.C. Rev. Statute § 4233 stated a 20 day registration period was required for general elections. The court held that the statutes were not mandatory, and because there was no evidence showing voters were denied the opportunity to vote, the election shall not be overturned or ruled invalid.
Case Name: Hill v. Skinner
Citation: 169 N.C. 405
Year: 1915
Case PDF: Hill v. Skinner
Case Summary: Where it was not shown that any voters were deprived of their rights or that a longer period of registration would have affected the result, the closing of the books before time is held as insufficient grounds to set aside the election.
Case Name: State ex rel. Quinn v. Lattimore
Citation: 120 N.C. 426
Year: 1897
Case PDF: State ex rel. Quinn v. Lattimore
Case Summary: Qualified voters, under Const. Art. 6, § 1, shall not be deprived of their right to vote because the registrar failed to administer to them the required oath before registration. The votes of unsworn registered voters should not have been rejected as there was no evidence of bad faith when they voted in townships other than those in which they resided. Additionally, a vote cast by a qualified voter and who took the required oath, but whose name through negligence of the registrar was not entered on the registry list, should be counted. Voters, otherwise legally qualified, who were refused registry because they had not been a resident of the state for one year shall be permitted to register on election day and vote. However, if a voter when answering registration questions only provides the state, omitting specific county county information, shall be insufficient for purposes of registration.
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.