North Carolina § 163-227 - 5. Alternate procedures for requesting application for absentee ballot; "one-stop" voting procedure in board office.

§ 163-227. 5. Alternate procedures for requesting application for absentee ballot; "one-stop" voting procedure in board office.

If a county uses a voting system with retrievable ballots, that county's board of elections may by resolution elect to conduct one-stop absentee voting according to the provisions of this section. In a county in which the board has opted to do so, a one-stop voter shall cast the ballot and then shall deposit the ballot in the ballot box or voting system in the same manner as if such box or system was in use in a precinct on election day. At the end of each business day, or at any time when there will be no employee or officer of the board of elections on the premises, the ballot box or system shall be secured in accordance with a plan approved by the State Board of Elections, which shall include that no additional ballots have been placed in the box or system. Any county board desiring to conduct one-stop voting according to this section shall submit a plan for doing so to the State Board of Elections. The State Board shall adopt standards for conducting one-stop voting under this section and shall approve any county plan that adheres to its standards. The county board shall adhere to its State Board-approved plan. The plan shall provide that each one-stop ballot shall have a ballot number on it in accordance with G.S. 163-230.1(c) , or shall have an equivalent identifier to allow for retrievability. History (1973, c. 536, s. 1; 1975, c. 844, s. 12; 1977, c. 469, s. 1; c. 626, s. 1; 1979, c. 107, s. 14; c. 799, ss. 1-3; 1981, c. 305, s. 2; 1985, c. 600, s. 4; 1987, c. 583, s. 4; 1989, c. 520; 1989 (Reg. Sess., 1990), c. 991, s. 2; 1993 (Reg. Sess., 1994), c. 762, s. 53; 1995, c. 243, s. 1; c. 509, ss. 117, 118; 1995 (Reg. Sess., 1996), c. 561, s. 4; 1997-510, s. 2; 1999-455, s. 6; 2000-136, s. 2; 2001-319, s. 5(a)-(c); 2001-337, s. 2; 2001-353, s. 9; 2003-278, s. 11; 2005-428, ss. 5(a), 6(a), 7; 2007-253, s. 3; 2007-391, s. 34(a); 2009-541, s. 23; 2013-381, ss. 2.7, 16.5, 25.1, 25.2, 25.3, 30.7; 2014-111, s. 3; 2015-103, ss. 6(b), 8(b), (c); 2017-6, s. 3; 2018-13, s. 3.11(b); 2018-146, s. 3.1(a), (b).) Local Modification. - Durham: 1995 (Reg. Sess., 1996), c. 717, s. 1; Gaston: 1995, c. 197, s. 1; Guilford: 1995, c. 197, s. 1; Mecklenburg: 1995, c. 197, s. 1; Orange: 1983, c. 192; 1983 (Reg. Sess., 1984), c. 978; Pasquotank: 1995 (Reg. Sess., 1996), c. 568, s. 1; Randolph: 1995 (Reg. Sess., 1996), c. 717, s. 1; Union County: 1995, c. 197, s. 1; Wake: 1995 (Reg. Sess., 1996), c. 717, s. 1; Watauga: 1995 (Reg. Sess., 1996), c. 717, s. 1; Wilson: 1995 (Reg. Sess. 1996), c. 599, s. 1; town of Columbia: 2011-132; Anson County Board of Commissioners: 1991 (Reg. Sess., 1992), c. 781, s. 9 (but shall only be enforced as provided by Section 5 of the Voting Rights Act of 1965). Cross References. - As to in-person registration and voting at one-stop absentee voting sites, see G.S. 163-82.6 A. Prior Law in Force. - In the case of NAACP v. McCrory, the defendants were enjoined from implementing certain portions of Session Laws 2013-381 and Session Laws 2015-103, relating to photo IDs and changes to early voting, same-day registration, out-of-precinct voting, and preregistration, and the pertinent statutory provisions in effect prior to those amendments were declared to be in full force (Case 1:13-cv-00658-TDS-JEP Document 455 (M.D.N.C. 2016). The Revisor is informed that as a result, the version of this section that the State Board is actually enforcing is as follows: § 163-227.2. Alternate procedures for requesting application for absentee ballot; "one-stop" voting procedure in board office Any voter eligible to vote by absentee ballot under G.S. 163-226 may request an application for absentee ballots, complete the application, and vote under the provisions of this section and of G.S. 163-82.6A, as applicable. Repealed by Session Laws 2001-337, s. 2, effective January 1, 2002. Not earlier than the third Thursday before an election, in which absentee ballots are authorized, in which a voter seeks to vote and not later than 1:00 P.M. on the last Saturday before that election, the voter shall appear in person only at the office of the county board of elections, provided in subsection (g) of this section. A county board of elections shall conduct one-stop voting on the last Saturday before the election until 1:00 P.M. and may conduct it until 5:00 P.M. on that Saturday. That voter shall enter the voting enclosure at the board office through the appropriate entrance and shall at once state his or her name and place of residence to an authorized member or employee of the board. If the application is properly filled out, the authorized member or employee shall enter the voter's name in the register of absentee requests, applications, and ballots issued and shall furnish the voter with the ballots to which the application for absentee ballots applies. The voter thereupon shall vote in accordance with subsection (e) of this section. Only the chairman, member, employee, or director of elections of the board shall keep the voter's application for absentee ballots in a safe place, separate and apart from other applications and container-return envelopes. If the voter's application for absentee ballots is disapproved by the board, the board shall so notify the voter stating the reason for disapproval by first-class mail addressed to the voter at that voter's residence address and at the address shown in the application for absentee ballots; and the board shall enter a challenge under G.S. 163-89. The voter shall vote that voter's absentee ballot in a voting booth in the office of the county board of elections, and the county board of elections shall provide a voting booth for that purpose, provided however, that the county board of elections may in the alternative provide a private room for the voter adjacent to the office of the board, in which case the voter shall vote that voter's absentee ballot in that room. A voter at a one-stop site shall be entitled to the same assistance as a voter at a voting place on election day under G.S. 163-166.8. The State Board of Elections shall, where appropriate, adapt the rules it adopts under G.S. 163-166.8 to one-stop voting. (Effective until December 1, 2019 - see note) If a county uses a voting system with retrievable ballots, that county's board of elections may by resolution elect to conduct one-stop absentee voting according to the provisions of this subsection. In a county in which the board has opted to do so, a one-stop voter shall cast the ballot and then shall deposit the ballot in the ballot box or voting system in the same manner as if such box or system was in use in a precinct on election day. At the end of each business day, or at any time when there will be no employee or officer of the board of elections on the premises, the ballot box or system shall be secured in accordance with a plan approved by the State Board of Elections, which shall include that no additional ballots have been placed in the box or system. Any county board desiring to conduct one-stop voting according to this subsection shall submit a plan for doing so to the State Board of Elections. The State Board shall adopt standards for conducting one-stop voting under this subsection and shall approve any county plan that adheres to its standards. The county board shall adhere to its State Board-approved plan. The plan shall provide that each one-stop ballot shall have a ballot number on it in accordance with G.S. 163-230.1(a2), or shall have an equivalent identifier to allow for retrievability. The standards shall address retrievability in one-stop voting on direct record electronic equipment where no paper ballot is used. (Effective December 1, 2019 - see note) If a county uses a voting system with retrievable ballots, that county's board of elections may by resolution elect to conduct one-stop absentee voting according to the provisions of this subsection. In a county in which the board has opted to do so, a one-stop voter shall cast the ballot and then shall deposit the ballot in the ballot box or voting system in the same manner as if such box or system was in use in a precinct on election day. At the end of each business day, or at any time when there will be no employee or officer of the board of elections on the premises, the ballot box or system shall be secured in accordance with a plan approved by the State Board of Elections, which shall include that no additional ballots have been placed in the box or system. Any county board desiring to conduct one-stop voting according to this subsection shall submit a plan for doing so to the State Board of Elections. The State Board shall adopt standards for conducting one-stop voting under this subsection and shall approve any county plan that adheres to its standards. The county board shall adhere to its State Board-approved plan. The plan shall provide that each one-stop ballot shall have a ballot number on it in accordance with G.S. 163-230.1(a2), or shall have an equivalent identifier to allow for retrievability. A voter who has moved within the county more than 30 days before election day but has not reported the move to the board of elections shall not be required on that account to vote a provisional ballot at the one-stop site, as long as the one-stop site has available all the information necessary to determine whether a voter is registered to vote in the county and which ballot the voter is eligible to vote based on the voter's proper residence address. The voter with that kind of unreported move shall be allowed to vote the same kind of absentee ballot as other one-stop voters. (f) Notwithstanding the exception specified in G.S. 163-36, counties which operate a modified full-time office shall remain open five days each week during regular business hours consistent with daily hours presently observed by the county board of elections, commencing with the date prescribed in G.S. 163-227.2(b) and continuing until 5:00 P.M. on the Friday prior to that election and shall also be open on the last Saturday before the election. A county board may conduct one-stop absentee voting during evenings or on weekends, as long as the hours are part of a plan submitted and approved according to subsection (g) of this section. The boards of county commissioners shall provide necessary funds for the additional operation of the office during that time. Notwithstanding the exception specified in G.S. 163-36, counties which operate a modified full-time office shall remain open five days each week during regular business hours consistent with daily hours presently observed by the county board of elections, commencing with the date prescribed in G.S. 163-227.2(b) and continuing until 5:00 P.M. on the Friday prior to that election and shall also be open on the last Saturday before the election. A county board may conduct one-stop absentee voting during evenings or on weekends, as long as the hours are part of a plan submitted and approved according to subsection (g) of this section. The boards of county commissioners shall provide necessary funds for the additional operation of the office during that time. Notwithstanding any other provision of this section, a county board of elections by unanimous vote of all its members may provide for one or more sites in that county for absentee ballots to be applied for and cast under this section. Every individual staffing any of those sites shall be a member or full-time employee of the county board of elections or an employee of the county board of elections whom the board has given training equivalent to that given a full-time employee. Those sites must be approved by the State Board of Elections as part of a Plan for Implementation approved by both the county board of elections and by the State Board of Elections which shall also provide adequate security of the ballots and provisions to avoid allowing persons to vote who have already voted. The Plan for Implementation shall include a provision for the presence of political party observers at each one-stop site equivalent to the provisions in G.S. 163-45 for party observers at voting places on election day. A county board of elections may propose in its Plan not to offer one-stop voting at the county board of elections office; the State Board may approve that proposal in a Plan only if the Plan includes at least one site reasonably proximate to the county board of elections office and the State Board finds that the sites in the Plan as a whole provide adequate coverage of the county's electorate. If a county board of elections has considered a proposed Plan or Plans for Implementation and has been unable to reach unanimity in favor of a Plan, a member or members of that county board of elections may petition the State Board of Elections to adopt a plan for it. If petitioned, the State Board may also receive and consider alternative petitions from another member or members of that county board. The State Board of Elections may adopt a Plan for that county. The State Board, in that plan, shall take into consideration factors including geographic, demographic, and partisan interests of that county. The State Board of Elections shall not approve, either in a Plan approved unanimously by a county board of elections or in an alternative Plan proposed by a member or members of that board, a one-stop site in a building that the county board of elections is not entitled under G.S. 163-129 to demand and use as an election-day voting place, unless the State Board of Elections finds that other equally suitable sites were not available and that the use of the sites chosen will not unfairly advantage or disadvantage geographic, demographic, or partisan interests of that county. In providing the site or sites for one-stop absentee voting under this section, the county board of elections shall make a request to the State, county, city, local school board, or other entity in control of the building that is supported or maintained, in whole or in part, by or through tax revenues at least 90 days prior to the start of one-stop absentee voting under this section. The request shall clearly identify the building, or any specific portion thereof, requested the dates and times for which that building or specific portion thereof is requested and the requirement of an area for election related activity. If the State, local governing board, or other entity in control of the building does not respond to the request within 20 days, the building or specific portion thereof may be used for one-stop absentee voting as stated in the request. If the State, local governing board, or other entity in control of the building or specific portion thereof responds negatively to the request within 20 days, that entity and the county board of elections shall, in good faith, work to identify a building or specific portion thereof in which to conduct one-stop absentee voting under this section. If no building or specific portion thereof has been agreed upon within 45 days from the date the county board of elections received a response to the request, the matter shall be resolved by the State Board of Elections. Notwithstanding the provisions of G.S. 163-89(a) and (b), a challenge may be entered against a voter at a one-stop site under subsection (g) of this section or during one-stop voting at the county board office. The challenge may be entered by a person conducting one-stop voting under this section or by another registered voter who resides in the same precinct as the voter being challenged. If challenged at the place where one-stop voting occurs, the voter shall be allowed to cast a ballot in the same way as other voters. The challenge shall be made on forms prescribed by the State Board of Elections. The challenge shall be heard by the county board of elections in accordance with the procedures set forth in G.S. 163-89(e). At any site where one-stop absentee voting is conducted, there shall be a curtained or otherwise private area where the voter may mark the ballot unobserved. In a primary election, the voter shall also state the political party with which the voter affiliates and in whose primary the voter desires to vote, or if the voter is an unaffiliated voter permitted to vote in the primary of a particular party under G.S. 163-119 , the voter shall state the name of the authorizing political party in whose primary he wishes to vote. The board member or employee to whom the voter gives this information shall announce the name and residence of the voter in a distinct tone of voice. After examining the registration records, an employee of the board shall state whether the person seeking to vote is duly registered. If the voter is found to be registered that voter may request that the authorized member or employee of the board furnish the voter with an application form as specified in G.S. 163-227 . The voter shall complete the application in the presence of the authorized member or employee of the board, and shall deliver the application to that person. All actions required by this subsection shall be performed in the office of the board of elections, except that the voting may take place in an adjacent room as provided by subsection (e) of this section. The application under this subsection shall be signed in the presence of the chair, member, director of elections of the board, or full-time employee, authorized by the board who shall sign the application and certificate as the witness and indicate the official title held by him or her. Notwithstanding G.S. 163-231(a) , in the case of this subsection, only one witness shall be required on the certificate. Editor's Note. - This section was formerly subsection (e1) of G.S. 163-227.2 , and was recodified as now former G.S. 163A-1302 by Session Laws 2017-6, s. 3. Former G.S. 163A-1302 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. Subsections (g) and (h) were designated as such at the direction of the Revisor of Statutes, the designations in Session Laws 1999-455, s. 6 having been (f1) and (f2). Session Laws 2005-256, s. 1, as amended by Session Laws 2005-305, s. 4.1, provides: "With the approval of the State Board of Elections, the Orange County Board of Elections may conduct a pilot program in Chapel Hill Township for any or all primaries or elections occurring prior to January 1, 2007, where the requirements of this section prevail over any other requirement concerning voting at one-stop sites or on election day. The pilot program shall consist of continuing one-stop voting as provided in G.S. 163-227.2 on election day as the method of voting. Voting places, whether during the one-stop period or on election day, shall be known as voting centers. The pilot program consists of the following elements: "(1) Any voter properly registered in Chapel Hill Township may vote at any voting center during the one-stop period established in G.S. 163-227.2 or on election day. "(2) On election day, the only places open to vote in Chapel Hill Township are those designated as voting centers. "(3) All voting centers shall have a Web-based or online connection to the voter registration system so that voter registration information and voting history can be checked in a timely manner to ensure against any voter voting more than once. "(4) Notwithstanding G.S. 163-227.2(e1) , the State Board of Elections shall determine which ballots must be made retrievable and identifiable to the county board of elections in order to ensure that the vote count by eligible voters is accurate. If any vote need not be identifiable, it shall not be made so, notwithstanding G.S. 163-227.2(e1) . "(5) The Plan of Implementation may provide a different system for voter sign-in than the regular one-stop process which requires completion of an absentee ballot application, but the process must be auditable. As required by G.S. 163-166.7 , the voter, before voting, shall sign that voter's name on the pollbook, other voting record, or voter authorization document. As provided by G.S. 163-166.7 , if the voter is unable to sign, a voting center official shall enter the person's name on the same document before the voter votes. A voter at a voting center shall be entitled to the same assistance as a voter at a voting place on election day under G.S. 163-166.8 . "(6) A larger number of voting centers may be open on election day than during the earlier part of the one-stop period. "(7) Election returns shall be reported by regular precinct as well as by voting center. Notwithstanding G.S. 163-132.5 G, for primary elections in 2006, those returns by regular precinct shall be reported by May 1, 2007, and for the 2006 general election those returns by regular precinct shall be reported by March 1, 2007. G.S. 163-132.5 G shall not apply to elections held in 2005 under this act. "(8) Notwithstanding G.S. 163-227.2(g) , the State Board of Elections may allow the county board of elections during the regular one-stop voting period to designate voting centers in commercial buildings that are not public buildings. "(9) Notwithstanding G.S. 163-227.2(g) , on election day any building may be designated as a voting center, but the office of the county board of elections does not have to be designated as a voting center. "(10) Notwithstanding G.S. 163-227.2(g) , officials appointed pursuant to G.S. 163-41 , 163-42, and 163-42.1 may be assigned to staff the voting centers. The Plan of Implementation shall provide for appointment of election officials at voting centers so that political parties have a similar opportunity to recommend officials as if there were precinct polling places. "(11) The Plan of Implementation may for administrative purposes treat the entire township as one precinct with multiple voting places on election day, but a voter must, when appearing to vote, report any change of address. "(12) Before voting centers may be used under this section, a Plan of Implementation must be approved unanimously by the county board of elections and then approved by the Executive Director of the State Board of Elections. Prior to adoption, the county board of elections shall conduct a public hearing and notify the county chair of each political party under Article 9 of Chapter 163 of the General Statutes. The county board of elections shall develop an outreach and education campaign to inform voters about the changes in voting locations. "(13) If any polling place that had been a satellite voting place in 2004 under G.S. 163-130 is designated as a voting center, the county board of elections may provide in its Plan of Implementation that only voters assigned to the satellite voting place may vote at the voting center there, and that such voters may not vote at any other voting center on election day." Session Laws 2005-256, s. 1.1, as added by Session Laws 2005-305, s. 4.2, provides: "If no elections are conducted under this act in 2005, then any or all elections occurring in 2007 may also be held under this act in addition to those in 2006." Session Laws 2005-256, s. 2, provides: "The State Board of Elections shall closely monitor the pilot program and report its findings and recommendations to the General Assembly at its 2005 Regular Session in 2006, and to the 2007 Regular Session of the General Assembly." Session Laws 2005-323, s. 9, provides: "The State Board of Elections may conduct, for primaries and elections in 2006 only, experiments with voting systems that use a means in addition to paper to fulfill the backup record and voter verification requirements of G.S. 163-165.7(a)(4) and G.S. 163-165.7(a)(5) , as enacted by this act. The pilot program may be conducted in no more than nine counties. The county boards of elections shall cooperate in conducting the pilot program. The pilot program shall be conducted according to the following requirements: "(1) The experiment may be conducted in no more than two voting sites per county. The voting sites may include election-day voting places or one-stop sites. "(2) At each voting site in which the experiment is conducted, voters must have a choice of voting on the experimental voting system or on a voting system that is not part of the experiment. "(3) Each experimental voting system shall include an additional means for the voter to verify the choices that the voter makes in the electronically cast ballot, which means shall also provide for an additional count. That additional means may utilize audio technology, digital scanners, or some other material or technology that shall record the voters' choices but shall not record any image of any part of the voter. "(4) On each voting machine or unit used in the experiment, the voting system shall comply with all the applicable requirements of G.S. 163-165.7 , including the requirement in G.S. 163-165.7(a)(4) that a DRE system must generate a paper backup record of each individual vote cast electronically and the requirement in G.S. 163-165.7(a)(5) that the paper record generated by the DRE system must be viewable by the voter before the vote is cast electronically and that the system allow the voter to correct any discrepancy between the electronic vote and the paper record before the vote is cast. On every machine or unit, the experimental means to fulfill those functions shall be used in addition to, rather than instead of, the required paper means. "(5) For all votes cast on an experimental voting system under the pilot, there shall be, in addition to an electronic count, a full hand-to-eye paper count and a full comparison count of the experimental verification technology. "The State Board of Elections shall report the results of the pilot program, together with its recommendations, to the 2007 General Assembly and to the Joint Legislative Commission on Governmental Operations by February 1, 2007." Session Laws 2007-253, s. 3, which amended this section by adding "and of G.S. 163-82.6 A, as applicable" at the end of subsection (a), is effective with regard to registration and voting for any primary or election held on or after October 9, 2007. For effective date and applicability, see the following note. Session Laws 2007-253, s. 5, provides: "Sections 1, 2, and 3 of this act become effective as follows: "(1) If preclearance under Section 5 of the Voting Rights Act of 1965 is obtained before September 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after October 9, 2007. "(2) If preclearance is obtained during September 2007, those sections are effective with regard to registration and voting for any primary or election held on or after November 6, 2007. "(3) If preclearance is obtained on or after October 1, 2007, those sections are effective with regard to registration and voting for any primary or election held on or after the 60th day after preclearance is obtained. "The remainder of this act is effective when it becomes law. The State Board of Elections may adopt any necessary procedures to implement this act at any time after this act becomes law." Session Laws 2007-253 received preclearance from the U.S. Department of Justice by letter dated August 16, 2007. 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(2), made the amendment to subsection (b) by Session Laws 2013-381, s. 2.7, applicable to primaries and elections conducted on or after January 1, 2016. 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. 30.8, as amended by Session Laws 2015-103, s. 6(a), Session Laws 2018-13, s. 3.11(a), and Session Laws 2019-177, s. 10.1(a), provides: "Any direct record electronic (DRE) voting systems currently certified by the State Board of Elections and Ethics Enforcement which do not use paper ballots shall be decertified and shall not be used in any election held on or after December 1, 2019. Decertification of a DRE voting system that does not use paper ballots may not be appealed to the Superior Court of Wake County pursuant to G.S. 163A-1115(d)." Session Laws 2013-381, s. 30.9, as amended by Session Laws 2015-103, s. 6(b), Session Laws 2018-13, s. 3.11(b), and Session Laws 2019-177, s. 10.1(b), provides: "This Part becomes effective December 1, 2019, for counties that use direct record electronic voting machines." Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2015-103, s. 8(h), made subsections (b1) and (j) of this section as added by Session Laws 2015-103, s. 8(b), (c), applicable to primaries and elections conducted on or after January 1, 2016. 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. 3(a), provides: "Notwithstanding Section 3.11 of S.L. 2018-13, the State Board of Elections (State Board) may authorize, upon such terms and conditions as the State Board deems appropriate, a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied: "(1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county. "(2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections. "(3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9 ." 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 2005-428, s. 5(a), effective January 1, 2006, and applicable to all primaries and elections held on or after that date, and ss. 6(a) and 7, effective September 22, 2005, and applicable to all primaries and elections held on or after that date, in subsection (c), in the first paragraph substituted "issued and" for "issued; shall furnish the voter with the instruction sheets called for by G.S. 163-229(e) ; and" and in the second paragraph, substituted "chair" for "chairman"; substituted the last two sentences in subsection (e) for "If the voter needs ... entitled to assist the voter"; and added subsection (e2). Session Laws 2007-253, s. 3, effective with regard to registration and voting for any primary or election held on or after October 9, 2007, added "and of G.S. 163-82.6 A, as applicable" at the end of subsection (a). For effective date and applicability, see Editor's Notes. Session Laws 2007-391, s. 34(a), effective January 1, 2008, in subsection (g), deleted the former second sentence, which read "Any site other than the county board of elections office shall be in any building or part of a building that the county board of elections is entitled under G.S. 163-129 to demand and use as a voting place," and added the last sentence. Session Laws 2009-541, s. 23, effective August 28, 2009, designated the former last sentence of subsection (g) as subsection (g1); and added the second through last sentences in subsection (g1). Session Laws 2013-381, s. 2.7, effective January 1, 2016, added "and present photo identification in accordance with G.S. 163-166.13 " in the third sentence of subsection (b). For applicability, see editor's note. Session Laws 2013-381, s. 16.5, effective January 1, 2014, deleted "and of G.S. 163-82.6 A, as applicable" following "provisions of this section" in subsection (a). Session Laws 2013-381, ss. 25.1-25.3, effective January 1, 2014, in subsection (b), substituted "second" for "third" in the first sentence, and deleted "and may conduct it until 5:00 P.M. on that Saturday" following "1:00 P.M." in the second sentence; and added the last two sentences in subsection (g); and added subsections (g2) and (g)(3). Session Laws 2013-381, s. 30.7, deleted the former last sentence in subsection (e1), which read "The standards shall address retrievability in one-stop voting on direct record electronic equipment where no paper ballot is used." For effective date and applicability, see editor's note. Session Laws 2014-111, s. 3, effective August 6, 2014, in subsection (g2), deleted "as provided in subsection (g) of this section" preceding "during" in the introductory paragraph and added the first undesignated paragraph following subdivision (g2)(2). Session Laws 2015-103, s. 8(b), (c), effective January 1, 2016, added subsections (b1) and (j). For applicability, see editor's note.