North Carolina § 163-227 - 10. Date by which absentee ballots must be available for voting.

§ 163-227. 10. Date by which absentee ballots must be available for voting.

A board of elections shall provide absentee ballots of the kinds needed 60 days prior to the statewide general election in even-numbered years and 50 days prior to the date on which any other election shall be conducted, unless 45 days is authorized by the State Board under G.S. 163-22(k) or there shall exist an appeal before the State Board or the courts not concluded, in which case the board shall provide the ballots as quickly as possible upon the conclusion of such an appeal. Provided, in a presidential election year, the board of elections shall provide general election ballots no later than three days after nomination of the presidential and vice presidential candidates if that nomination occurs later than 63 days prior to the statewide general election and makes compliance with the 60-day deadline impossible. However, in the case of municipal elections, absentee ballots shall be made available no later than 30 days before an election. In every instance the board of elections shall exert every effort to provide absentee ballots, of the kinds needed by the date on which absentee voting is authorized to commence. Second Primary. - The board of elections shall provide absentee ballots, of the kinds needed, as quickly as possible after the ballot information for a second primary has been determined. History (1973, c. 1275; 1977, c. 469, s. 1; 1985 (Reg. Sess., 1986), c. 986, s. 2; 1987, c. 485, ss. 2, 5; c. 509, s. 9; 1989, c. 635, s. 5; 2001-353, s. 4; 2002-159, s. 55(i); 2009-537, s. 2; 2013-381, s. 17(a); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was formerly G.S. 163-227.3 , and was recodified as now former G.S. 163A-1305 by Session Laws 2017-6, s. 3. Former G.S. 163A-1305 was then re-recodified as G.S. 163-227.3 by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019, and was subsequently recodified as this section at the direction of the Revisor of Statutes, pursuant to the directives in 2018-146, s. 3.1. 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 subsection (a), would expire with respect to primaries and elections held on or after December 31, 1986. Session Laws 1985 (Reg. Sess., 1986), c. 987, 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 not made. Moreover, Session Laws 1987, c. 509, s. 9 repealed Sessions Laws 1985 (Reg. Sess., 1986), c. 987. Therefore, c. 987 never went into effect. 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. Effect of Amendments. - Session Laws 2009-537, s. 2, effective January 1, 2010, and applicable with respect to elections held on or after that date, in the first sentence of subsection (a), inserted "60 days prior to the statewide general election in even-numbered years and", and substituted "any other election shall be conducted, unless" for "the election shall be conducted unless." Session Laws 2013-381, s. 17(a), effective January 1, 2014, added the second sentence in subsection (a).