North Carolina § 163-132 - 3. Alterations to approved precinct boundaries.

§ 163-132. 3. Alterations to approved precinct boundaries.

No county board of elections may change any precinct boundary unless approved by the Executive Director of the State Board. To be used by the Executive Director and the county boards of elections in changing precinct boundaries in accordance with this section, the State Board shall set uniform standards for precinct boundaries that the county boards of elections shall follow. Any uniform standards for precinct boundaries set by the State Board shall comply with all of the following: Precinct boundaries shall coincide with Census block boundaries, as set forth in the TIGER/Line Shapefiles associated with the most recent federal decennial census. Precincts shall consist solely of contiguous territory. Precincts shall consist of territory and population that allows for efficient and accurate administration of elections, taking into consideration available polling places and access to polling places. The county shall be able to reallocate any out of precinct ballots cast by a voter to the precinct associated with that voter's voter registration for purposes of reporting the results of an election. The county board of elections shall report every change in precinct boundary to the Executive Director in a format required by the Executive Director. The Executive Director shall examine the maps of the proposed new or altered precincts and any required written descriptions. If the Executive Director determines that all precinct boundaries are in compliance with this section, the Executive Director shall approve the maps and written descriptions as filed and these precincts shall be the official precincts for voting. If the Executive Director determines that the proposed precinct boundaries are not in compliance with subsection (b) of this section, the Executive Director shall not approve those proposed precinct boundaries. The Executive Director shall notify the county board of elections of the disapproval specifying the reasons. The county board of elections may then resubmit new proposed precinct maps and written descriptions to cure the reasons for the disapproval. No newly created or altered precinct boundary is effective until approved by the Executive Director as being in compliance with this section. History (1985, c. 757, s. 205(a); 1987 (Reg. Sess., 1988), c. 1074, s. 2; 1991 (Reg. Sess., 1992), c. 927, s. 1; 1993, c. 352, s. 3; 1993 (Reg. Sess., 1994), c. 762, s. 71; 1995, c. 423, ss. 2, 3; 1999-227, ss. 1, 2; 2001-319, ss. 10.1, 11; 2001-487, s. 96; 2002-159, s. 56; 2003-434, 1st Ex. Sess., s. 13; 2004-127, s. 1(a); 2007-391, s. 6(b); 2008-187, s. 33(b); 2016-109, s. 8(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2019-16, s. 4(a).) Local Modification. - Avery: 1997-217; Mitchell County Board of Elections: 1997-183, s. 1. Editor's Note. - This section was recodified as now former G.S. 163A-1071 by Session Laws 2017-6, s. 3. Former G.S. 163A-1071 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 1991 (Reg. Sess., 1992), c. 927, which amended this section in s. 5 provides: "Notwithstanding the provisions of G.S. 163-132.3 , as amended by Section 1 of this act, the validity of the boundaries of a precinct of a county subject to G.S. 163-132.1 A which consists of noncontiguous territory as of January 1, 1992, shall not be affected by the provisions of G.S. 163-132.3 ; provided, however, that any change to the boundaries of that precinct after that date shall be subject to G.S. 163-132.3, as amended by this act. Notwithstanding the preceding sentence, not later than January 1, 1997, the relevant county board of elections shall change any nonconforming precinct to eliminate noncontiguous territory in a precinct." Session Laws 1999-227, s. 2, provides that notwithstanding Session Laws 1995, c. 423, ss. 2 and 3, the version of G.S. 163-132.3 contained in Session Laws 1999-227, s. 1 is effective upon Session Laws 1999-227 becoming law and does not expire. To the extent it is inconsistent with the provisions of Session Laws 1999-227, Session Laws 1995, c. 423, s. 3 is repealed. (Session Laws 1995, c. 423, s. 3 would have made changes to this section effective January 2, 2000; most of these changes were also made by Session Laws 1999-227, s. 1.) Subsections (a), (d), and (e), as amended by Session Laws 2004-127, s. 1(a), effective August 15, 2004, are applicable to precincts established or changed on or after that date. Session Laws 2007-391, s. 6(f), as amended by Session Laws 2008-187, s. 33(b), provides in part: "Subsections 6(b) through 6(e) of this section become effective January 1, 2008." Session Laws 2007-391, s. 6(g), provides: "This section becomes effective only if any funds necessary to implement it are appropriated." Funds were appropriated in Session Laws 2007-323, s. 25.1(a)(1). Session Laws 2016-109, s. 7(c), provides: "The State Board of Elections shall develop a proposed voting district map on or before September 1, 2016, to be submitted to the Joint Legislative Elections Oversight Committee and the Legislative Services Office on or before December 1, 2016. The proposed map developed by the State Board shall take into consideration all of the following factors: "(1) Reasonable size limitations of the proposed voting district, including total population and total registered voters. "(2) Alignment of proposed boundaries with visible features, such as roads and bodies of water. "(3) Potential election administration efficiencies if the proposed voting districts were used as voting precinct boundaries in an election, to include: "a. Potential polling places within the proposed voting district. "b. Distance to the potential polling places for the voters to travel on election day. "c. Number of voters for voting in person." Session Laws 2019-16, s. 2, repealed Session Laws 2016-109, s. 7(c), effective May 29, 2019. Session Laws 2016-109, s. 7(d), as amended by Session Laws 2019-16, s. 3, provides: "On or before July 1, 2019, the Executive Director of the State Board of Elections shall provide each county board of elections with a copy of the submission provided in accordance with G.S. 163A-1065 with respect to that county. The county boards of election, shall, on or before October 1, 2019, report to the Executive Director of the State Board of Elections and the Legislative Services Officer any requested changes in the precinct boundaries reported to the Bureau of the Census for the Phase 2 Voting District Project. Upon receipt of the responses from the county boards of elections regarding the voting districts geography for the 2020 Census, the Legislative Services Officer, in conjunction with the Executive Director of the State Board, shall determine if any alterations to the precinct boundaries are needed." Session Laws 2016-109, s. 8(b), made the amendment of this section by Session Laws 2016-109, s. 8(a), applicable to all alterations of precinct boundaries on or after January 1, 2020. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2007-391, s. 6(b), effective January 1, 2008, rewrote subsections (a) and (b); and repealed former subsection (e). Session Laws 2016-109, s. 8(a), effective January 1, 2020, in subsection (a), inserted "approved by"; and substituted "Elections" for "Elections determines that the country board has a current capability of complying with G.S. 163-132.1 B(a2) by reporting all election returns by voting tabulation district as required by G.S. 163-132.5 G. If the Executive Director so determines, the county board may make any changes to precinct boundaries, provided that all proposed new precincts shall consist solely of contiguous territory"; added subsection designators (a1) and (a2); in subsection (a1), substituted "boundaries that" for "boundaries, which"; inserted "any uniform standards for precinct boundaries set by the State Board shall comply with all of the following"; added subdivisions (a1)(1), (a1)(2), (a1)(3), and (a1)(4); in subsection (a2), "The county boards of elections shall report precinct boundary changes to the Executive Director in the manner the Executive Director directs" preceding "No newly created"; in subsection (b), substituted "precincts for voting" for "precincts"; and in subsection (c), substituted "(a1)" for "(a)"; and made minor stylistic changes. See editor's note for applicability. Session Laws 2019-16, s. 4(a), effective January 1, 2020, substituted "To be used by the Executive Director and the county boards of elections in changing precinct boundaries in accordance with this section, the" for "The" in the first sentence in subsection (b); added ", as set forth in the TIGER/Line Shapefiles associated with the most recent federal decennial census" after "boundaries" in subdivision (b)(1); deleted "of the State Board" wherever it occurs in subsections (c)-(e); and inserted "proposed" near the end of the first sentence and in the third sentence in subsection (e).