§ 163-82.8A. Voter photo identification cards.
Overview of Statute
Section concerns the issuance of voter photo identification cards.
Statute
(a) The county board of elections shall, in accordance with this section, issue without charge voter photo identification cards upon request to registered voters. The voter photo identification cards shall contain a photograph of the registered voter, the name of the registered voter, and the voter registration number for that registered voter. The voter photo identification card shall be used for voting purposes only and shall expire 10 years from the date of issuance. The expiration of a voter photo identification card shall not create a presumption that the voter’s voter registration has expired or become inactive, and a voter’s voter registration shall not be rendered inactive solely due to the expiration of the voter photo identification card.
(b) The State Board shall make available to county boards of elections the equipment necessary to print voter photo identification cards. County boards of elections shall operate and maintain the equipment necessary to print voter photo identification cards.
(c) County boards of elections shall maintain a secure database containing the photographs of registered voters taken for the purpose of issuing voter photo identification cards.
(d) The State Board shall adopt rules to ensure at a minimum, but not limited to, the following:
(1) A registered voter seeking to obtain a voter photo identification card shall provide the registered voter’s name, the registered voter’s date of birth, and the last four digits of the voter’s social security number.
(2) Voter photo identification cards shall be issued at any time, except during the time period between the end of one-stop voting for a primary or election as provided in G.S. 163-227.2 and election day for each primary and election.
(3) If the registered voter loses or defaces the voter’s photo identification card, the registered voter may obtain a duplicate card without charge from his or her county board of elections upon request in person, or by telephone or mail.
(4) If a registered voter has a change of name and has updated his or her voter registration to reflect the new name, the registered voter may request and obtain a replacement card from the registered voter’s county board of elections by providing the registered voter’s date of birth and the last four digits of the registered voter’s social security number in person, by telephone, or by mail.
(5) Voter photo identification cards issued must contain the following disclaimer: “Expiration of this voter photo identification card does not automatically result in the voter’s voter registration becoming inactive.”
(e) Ninety days prior to expiration, the county board of elections shall notify any registered voter issued a voter photographic identification card under this section of the impending expiration of the voter photographic identification card.
(S.L. 2018-144, s. 1.1(a), S.L. 2018-146, s. 3.1(a).)
1. Definition for day
The term “day” means calendar day.
2. 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.
3. 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.
4. 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.
5. Definition for person
The term “person” means any business entity, corporation, insurance company, labor union, or professional association.
6. 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.
7. 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: 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.