North Carolina § 163-166 - 17. Approval of student identification cards for voting identification.

§ 163-166. 17. Approval of student identification cards for voting identification.

The State Board shall approve the use of student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3) for voting identification under G.S. 163-166.16 if the following criteria are met: The chancellor, president, or registrar of the university or college submits documentation satisfactory to the State Board that the following have been met and will not knowingly be violated with regard to student identification cards issued during the approval period: The identification cards that are issued by the university or college contain photographs of students obtained by the university or college or its agents or contractors, provided the photograph obtained (i) is a frontal image that includes the student's face and (ii) represents a clear, accurate likeness of the student to whom the identification card is issued. If the photograph is one not produced by the university or college or its agents, the university or college shall certify in detail the process used by the university or college to ensure the photograph is that of the student to whom the identification card is issued and shall certify that the process is designed to confirm the identity of the student to whom the identification card is issued. The identification cards are issued after an enrollment or other process that includes one or more methods of confirming the identity of the student using information that may include, but are not limited to, the social security number, citizenship status, and birthdate of the student. Access to the equipment for producing the identification cards is restricted through security measures. Misuse of the equipment for producing the identification cards would be grounds for student discipline or termination of an employee. University or college officials would report any misuse of student identification card equipment they have knowledge of to law enforcement if G.S. 163-82.8(19) was potentially violated. The cards issued by the university or college on or after January 1, 2021, contain a date of expiration. The university or college will provide copies of student identification cards to the State Board to assist with training purposes. The college or university will provide to students who are issued the student identification card a copy of, or an electronic link to, a document developed by the State Board that details the requirements related to identification for voting; the requirements to vote absentee, early, or on election day; a description of voting by provisional ballot; and the availability of a free North Carolina voter photo identification card pursuant to G.S. 163-82.8A to rural, military, veteran, elderly, underserved, minority, or other communities as determined by local needs; and the requirements of North Carolina residency to vote, including applicable intent requirements of North Carolina law, and the penalty for voting in multiple states. The university or college complies with any other reasonable security measures determined by the State Board to be necessary for the protection and security of the student identification process. The State Board shall establish a schedule for such submissions and approvals. The State Board shall permit a university or college with no changes to the prior election cycle's approval to submit a statement indicating no changes have been made by the university or college. When the State Board approves for use the student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3), for voting identification purposes under G.S. 163-166.16, such approval shall be valid for the period from January 1 of an odd-numbered year through December 31 of the next even-numbered year. The State Board shall produce a list of participating universities and colleges every two years. The list shall be published on the State Board's Web site and distributed to every county board of elections. The State Board shall publish sample student identification cards for each participating university and college. If a participating college or university with a student identification card approved for use by the State Board as provided in subsection (b) of this section changes the design of the student identification card, that college or university shall provide copies of the new design of the student identification cards to the State Board to assist with training purposes. History (2018-144, s. 1.2(b); 2018-146, s. 3.1(a); 2019-22, s. 2.) Editor's Note. - This section was enacted as now former G.S. 163A-166.17 by Session Laws 2018-144, s. 1.2(b). Former G.S. 163A-166.17 was then 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 recodified. Session Laws 2018-144, s. 5, made this section effective December 19, 2018. Session Laws 2018-144, s. 1.2(f), as amended by Session Laws 2019-22, s. 4, provides: "Notwithstanding G.S. 163A-1145.1, 163A-1145.2, and 163A-1145.3, the State Board shall approve (i) tribal enrollment cards issued by a tribe recognized by this State under Chapter 71A of the General Statutes; (ii) student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2) , or eligible private postsecondary institution as defined in G.S. 116-280(3) ; and (iii) employee identification cards issued by a state or local government entity, including a charter school, for use as voting identification under G.S. 163A-1145.1 no later than November 1, 2019, for use in primaries and elections held in 2020. The State Board shall adopt temporary rules on reasonable security measures for use of student or employee identification cards for voting identification in G.S. 163A-1145.2 and G.S. 163A-1145.3 no later than September 15, 2019. The State Board shall adopt permanent rules on reasonable security measures for use of student or employee identification cards for voting identification in G.S. 163A-1145.2 and G.S. 163A-1145.3 no later than May 15, 2021. The State Board shall produce the list of participating institutions and employing entities for use in primaries and elections held in 2020." Session Laws 2018-144, s. 1.2(g), as amended by Session Laws 2019-22, s. 5, provides: "For elections held in 2020 only, a student identification card issued by a constituent institution of The University of North Carolina, a community college as defined in G.S. 115D-2(2) , or eligible private postsecondary institution as defined in G.S. 116-280(3) or an employee identification card issued by state or local government entity, including a charter school, may not be denied approval under G.S. 163A-1145.2 or G.S. 163A-1145.3 solely due to a lack of a printed expiration date. Notwithstanding G.S. 163A-1145.1, an approved student identification card or employee identification card without a printed expiration date shall be eligible for use in any election held before January 1, 2021." 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 2019-22, s. 6(a), (b), provides: "(a) Any student identification card issued by a constituent institution of The University of North Carolina, a community college as defined in G.S. 115D-2(2) , or eligible private postsecondary institution as defined in G.S. 116-280(3) , or an employee identification card issued by a State or local government entity or charter school approved by the State Board of Elections on or before March 15, 2019, for use in elections held on or after January 1, 2019, until December 31, 2022, shall continue to be eligible for use in an election prior to December 31, 2022, without further submission by the constituent institution of The University of North Carolina, community college as defined in G.S. 115D-2(2) , or eligible private postsecondary institution as defined in G.S. 116-280(3) , or State or local government entity or charter school." "(b) Any constituent institution of The University of North Carolina, a community college as defined in G.S. 115D-2(2) , or eligible private postsecondary institution as defined in G.S. 116-280(3) , or State or local government entity or charter school denied approval by the State Board of Elections on or before March 15, 2019, shall be granted until November 15, 2019, to submit a revised application for approval. The State Board shall approve the identification cards for use as voting identification under G.S. 163A-1145.1 [163-166.16] no later than December 1, 2019, for use in primaries and elections held in 2020." Effect of Amendments. - Session Laws 2019-22, s. 2, effective June 3, 2019, rewrote subsections (a)-(c),