North Carolina § 163-166 - 3. Limited access to the voting enclosure.

§ 163-166. 3. Limited access to the voting enclosure.

Persons Who May Enter Voting Enclosure. - During the time allowed for voting in the voting place, only the following persons may enter the voting enclosure: An election official. An observer appointed pursuant to G.S. 163-45. A runner appointed pursuant to G.S. 163-45, but only to the extent necessary to announce that runner's presence and to receive the voter list as provided in G.S. 163-45. A person seeking to vote in that voting place on that day but only while in the process of voting or seeking to vote. A voter in that precinct while entering or explaining a challenge pursuant to G.S. 163-87 or G.S. 163-88. A person authorized under G.S. 163-166.8 to assist a voter but, except as provided in subdivision (7) of this section, only while assisting that voter. Minor children of the voter under the age of 18, or minor children under the age of 18 in the care of the voter, but only while accompanying the voter and while under the control of the voter. Persons conducting or participating in a simulated election within the voting place or voting enclosure, if that simulated election is approved by the county board of elections. Any other person determined by election officials to have an urgent need to enter the voting enclosure but only to the extent necessary to address that need. Photographing Voters Prohibited. - No person shall photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct. If the voter is a candidate, only the permission of the voter is required. This subsection shall also apply to one-stop sites under G.S. 163-227.2, 163-227.5, and 163-227.6. This subsection does not apply to cameras used as a regular part of the security of the facility that is a voting place or one-stop site. Photographing Voted Ballot Prohibited. - No person shall photograph, videotape, or otherwise record the image of a voted official ballot for any purpose not otherwise permitted under law. History (2001-460, s. 3; 2005-428, s. 1(b); 2007-391, s. 23; 2008-187, s. 33(a); 2017-6, s. 3; 2018-144, s. 3.4(b); 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1133 by Session Laws 2017-6, s. 3. Former G.S. 163A-1133 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 2007-391, s. 1(c), was amended by Session Laws 2008-198, s. 33(a), to eliminate any confusion as to the effective dates of the 2007 act. Session Laws 2007-391, s. 23, which rewrote this section, is effective August 19, 2007. 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." Effect of Amendments. - Session Laws 2005-428, s. 1(b), effective January 1, 2006, and applicable to all primaries and elections held on or after that date, added subdivision (2a). Session Laws 2007-391, s. 23, effective August 19, 2007, designated the former section as present subsection (a) and added subsections (b) and (c); in subsection (a), added the subsection catchline. Session Laws 2018-144, s. 3.4(b), effective December 19, 2018, in subsection (b), deleted "163A-1301" following "G.S. 163A-1300"; and made a minor stylistic change. Opinions of Attorney General Editor's Note. - The opinion below was decided under prior similar law. Use of Video Cameras and Cellular Telephones by Observers. - Videotaping of voters by observers designated by a political party is outside their permissible statutory activities and is inconsistent with the right of voters to vote by secret ballot, but the discreet use of cellular phones is permissible. See opinion of Attorney General to Gary O. Bartlett, Executive Secretary-Director, State Board of Elections, 1998 N.C.A.G. 43 (10/22/98).