North Carolina § 163-226 - Who may vote an absentee ballot.

§ 163-226. Who may vote an absentee ballot.

Who May Vote Absentee Ballot; Generally. - Any qualified voter of the State may vote by absentee ballot in a statewide primary, general, or special election on constitutional amendments, referenda or bond proposals, and any qualified voter of a county is authorized to vote by absentee ballot in any primary or election conducted by the county board of elections, in the manner provided in this Article. Annual Request by Person With Sickness or Physical Disability. - If the applicant reports that the voter has a sickness or physical disability that is expected to last the remainder of the calendar year, the voter may request to vote by mail-in absentee ballot for all of the primaries and elections held during the calendar year when the completed written request under G.S. 163-230.1 is received. Repealed by Session Laws 2019-136, s. 1, effective July 19, 2019, and applicable to fire district elections held on or after that date. The Term "Election". - As used in this Article, unless the context clearly requires otherwise, the term "election" includes a general, primary, second primary, runoff election, bond election, referendum, or special election. The Term "Verifiable Legal Guardian." -. An individual appointed guardian under Chapter 35A of the General Statutes. For a corporation appointed as a guardian under that Chapter, the corporation may submit a list of 10 named individuals to the State Board of Elections who may act for that corporation under this Article. For the purpose of this Article, "near relative" means spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild. History (1939, c. 159, s. 1; 1963, c. 457, s. 1; 1967, c. 775, s. 1; c. 952, s. 1; 1973, c. 536, s. 1; c. 1018; 1977, c. 469, s. 1; 1979, c. 140, s. 1; 1995 (Reg. Sess., 1996), c. 561, s. 1; c. 734, s. 5; 1999-455, s. 1; 2001-337, s. 1; 2001-507, s. 1; 2013-381, s. 4.5; 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2019-136, s. 1; 2019-239, ss. 1.2(a), 1.3(b).) Local Modification to Former G.S. 163-54 to 163-69.1. - Graham: 1959, c. 780, s. 1; Jackson: 1939, c. 309; Sampson: 1941, c. 167; 1963, c. 882. Cross References. - For present provisions covering the subject matter of former subsection (d) of this section as it existed prior to the 1977 amendment, see G.S. 163-226.1 . Editor's Note. - This section was recodified as now former G.S. 163A-1295 by Session Laws 2017-6, s. 3. Former G.S. 163A-1295 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, Ex. Sess., c. 1, which was submitted to the Attorney General of the United States pursuant to Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c), received preclearance from the United States Department of Justice on January 3, 1992. Session Laws 2013-381, s. 6.2(4), made subsection (d), as added by Session Laws 2013-381, s. 4.5, applicable to primaries and elections held on or after January 1, 2014. Session Laws 2013-381, s. 1.1, provides: "Parts 1 through 6 of this act shall be known and cited as the Voter Information Verification Act." Session Laws 2018-144, s. 2(a) repealed Session Laws 2013-381, s. 1.1, effective December 19, 2018. Session Laws 2013-381, s. 6.2(6), provides: "At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record." Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and "Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and "Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and "Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and "Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and "Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and "Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and "Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and "Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore," Session Laws 2019-4, s. 1(a), (b), provides: "(a) S.L. 2018-144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018-144. "(b) Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue." Session Laws 2019-136, s. 2, made the repeal of subsection (c) of this section by Session Laws 2019-136, s. 1, effective July 19, 2019, and applicable to fire district elections held on or after that date. Session Laws 2019-239, s. 1.3(d), provides: "On or before May 1, 2020, the State Board of Elections shall report to the Joint Legislative Elections Oversight Committee and the General Assembly as to its plans to implement Sections 1.2 and 1.3 of this act and any recommendations for statutory changes necessary to implement these provisions." Session Laws 2019-239, s. 1.6, provides: "Rule Making. - The State Board of Elections shall adopt emergency rules for the implementation of this Part in accordance with G.S. 150B-21.1 A. This section does not require any rule making if not otherwise required by law." Session Laws 2019-239, s. 7, made subsection (f) of this section, as recodified from former G.S. 163-230.1(h) by Session Laws 2019-239, s. 1.2(a), and the rewriting of subsection (b) by Session Laws 2019-239, s. 1.3(b), effective January 1, 2020, and applicable to elections conducted on or after that date. Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium." Session Laws 2019-239, s. 5.14, is a severability clause. Effect of Amendments. - Session Laws 2013-381, s. 4.5, effective January 1, 2014, added subsection (d). For applicability, see editor's note. Session Laws 2019-136, s. 1, repealed subsection (c). For effective date and applicability, see editor's note. Session Laws 2019-239, ss. 1.2(a), 1.3(b), rewrote subsection (b); and recodified former G.S. 163-230.1(h) as subsection (f) of this section. For effective date and applicability, see editor's note. Legal Periodicals. - As to abuses under prior law and respects in which this enactment seeks to remedy those evils, see 17 N.C.L. Rev. 355 (1939). For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).