North Carolina § 163-229 - Absentee ballots, applications on container-return envelopes, and instruction sheets.

§ 163-229. Absentee ballots, applications on container-return envelopes, and instruction sheets.

Absentee Ballot Form. - In accordance with the provisions of G.S. 163-230.1, persons entitled to vote by absentee ballot shall be furnished with official ballots. Application on Container-Return Envelope. - In time for use not later than 60 days before a statewide general election in an even-numbered year, and not later than 50 days before a statewide primary, other general election or county bond election, the county board of elections shall print a sufficient number of envelopes in which persons casting absentee ballots may transmit their marked ballots to the county board of elections. However, in the case of municipal elections, sufficient container-return envelopes shall be made available no later than 30 days before an election. Each container-return envelope shall have printed on it an application which shall be designed and prescribed by the State Board, providing for all of the following: The voter's certification of eligibility to vote the enclosed ballot and of having voted the enclosed ballot in accordance with this Part. A space for identification of the envelope with the voter and the voter's signature. A space for the identification of the two persons witnessing the casting of the absentee ballot in accordance with G.S. 163-231, those persons' signatures, and those persons' addresses. A space for the name and address of any person who, as permitted under G.S. 163-226.3(a), assisted the voter if the voter is unable to complete and sign the certification and that individual's signature. A space for approval by the county board of elections. A space to allow reporting of a change of name as provided by G.S. 163-82.16. A prominent display of the unlawful acts under G.S. 163-226.3 and G.S. 163-275, except if there is not room on the envelope, the State Board may provide for that disclosure to be made on a separate piece of paper to be included along with the container-return envelope. An area to attach additional documentation necessary to comply with the identification requirements in accordance with State Board rules, as provided in G.S. 163-230.1. A bar code or other unique identifier to allow both the county board of elections and the voter to track the ballot following return of the voted ballot to the county board of elections by the voter. Instruction Sheets. - In time for use not later than 60 days before a statewide general election in an even-numbered year, and not later than 50 days before a statewide primary, other general or county bond election, the county board of elections shall prepare and print a sufficient number of sheets of instructions on how voters are to prepare absentee ballots and return them to the county board of elections. However, in the case of municipal elections, instruction sheets shall be made available no later than 30 days before an election. The container-return envelope shall be printed in accordance with the instructions of the State Board, which shall prohibit the display of the voter's party affiliation on the outside of the container-return envelope. History (1929, c. 164, s. 39; 1939, c. 159, ss. 3, 4; 1943, c. 751, s. 2; 1963, c. 457, ss. 3, 4; 1965, c. 1208; 1967, c. 775, s. 1; c. 851, s. 1; c. 952, s. 5; 1973, c. 536, s. 1; 1975, c. 844, s. 13; 1977, c. 469, s. 1; 1985, c. 562, ss. 3, 4; 1985 (Reg. Sess., 1986), c. 986, s. 2; 1987, c. 485, ss. 2, 5; c. 509, s. 9; c. 583, s. 3; 1989, c. 635, s. 5; 1995 (Reg. Sess., 1996), c. 561, s. 5; 1999-455, s. 8; 2009-537, s. 4; 2013-381, s. 4.1; 2017-6, s. 3; 2018-144, s. 1.2(d); 2018-146, s. 3.1(a), (b); 2019-239, s. 1.4; 2020-17, s. 3(a).) Editor's Note. - This section was recodified as now former G.S. 163A-1307 by Session Laws 2017-6, s. 3. Former G.S. 163A-1307 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. Section 4 of Session Laws 1985 (Reg. Sess., 1986), c. 986, provided that s. 2 thereof, which amended subsections (b) and (c), would expire with respect to primaries and elections held on or after December 31, 1986. Session Laws 1985 (Reg. Sess., 1986), c. 987, s. 2 made the same changes to this section as Session Laws 1985 (Reg. Sess., 1986), c. 986, but was only to become effective if the Attorney General of the United States interposed objection to Session Laws 1985 (Reg. Sess., 1986), c. 986 as to the fact that such bill provided for designating vacancies for all unexpired terms separately from full terms. Chapter 987 also provided that the act would expire with respect to primaries and elections held on or after December 31, 1986. Objection to c. 986 was never made. Moreover, Session Laws 1987, c. 509, s. 9 repealed Session Laws 1985 (Reg. Sess., 1986), c. 987. Therefore, c. 987 never went into effect. 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(4), made the amendment to subsection (b) by Session Laws 2013-381, s. 4.1, applicable to primaries and elections held on or after January 1, 2014. 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 2019-239, 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 the amendment to subsection (b) of this section by Session Laws 2019-239, s. 1.4, 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. Session Laws 2020-17, s. 1(a), provides: "For an election held in 2020, notwithstanding G.S. 163-229(b) and G.S. 163-231(a) , and provided all other requirements for absentee ballots are met, a voter's returned absentee ballot shall be accepted and processed accordingly by the county board of elections if the voter marked the ballot in the presence of at least one person who is at least 18 years of age and is not disqualified by G.S. 163-226.3(a)(4) or G.S. 163-237(c) , provided that the person signed the application and certificate as a witness and printed that person's name and address on the container-return envelope. For an election held in 2020, notwithstanding G.S. 163-229(b) , the State Board of Elections may prepare applications for each container-return envelope providing for a space for the identification of one person witnessing the casting of the absentee ballot in accordance with G.S. 163-231 , that person's signature, and that person's printed name and address." Session Laws 2020-17, s. 3(b), made the amendment to subsection (b) by Session Laws 2020-17, s. 3(a), effective September 1, 2020, and applicable to elections held on or after that date. Effect of Amendments. - Session Laws 2009-537, s. 4, effective January 1, 2010, and applicable with respect to elections held on or after that date, in subsections (b) and (c), inserted "60 days before a statewide general election in an even-numbered year, and not later than" and substituted "other general election" for "general election" in the first sentence of both subsections, and added the present second sentence of both subsections. Session Laws 2013-381, s. 4.1, effective January 1, 2014, in subsection (b), added "providing for all the following" at the end of the first paragraph, and redesignated the former first paragraph of subsection (b) as present subsection (b) and subdivisions (b)(1), (b)(2), (b)(5), and (b)(6); added subdivisions (b)(3), (b)(4), and (b)(7); added "and the voter's signature" in subdivision (b)(2); substituted "A space to" for "The envelope shall" in subdivision (b)(6); and made minor stylistic and punctuation changes throughout the subsection. For applicability, see editor's note. Session Laws 2018-144, s. 1.2(d), effective December 19, 2018, added subdivision (b)(8). Session Laws 2019-239, s. 1.4, deleted "of Elections" following "State Board" in the last sentence of the introductory language of subsection (b); substituted "G.S. 163-230.1" for "G.S. 163-230.2" in subdivision (b)(8); and substituted "State Board, which shall prohibit the display of the voter's party affiliation on the outside of the container-return envelope" for "State Board of Elections" in the last paragraph of subsection (b). For effective date and applicability, see editor's note. Session Laws 2020-17, s. 3(a), added subdivision (b)(9). For effective date and applicability, see editor's note. § 163-230: Repealed by Session Laws 1999-455, s. 9, effective January 1, 2000.