North Carolina § 163-228 - Register of absentee requests, applications, and ballots issued; a public record.

§ 163-228. Register of absentee requests, applications, and ballots issued; a public record.

With respect to each request for mail-in absentee ballots, the State Board shall approve an official register in which the county board of elections in each county of the State shall record the following information: Name of voter for whom application and ballots are being requested, and, if applicable, the name and address of the voter's near relative or verifiable legal guardian who requested the application and ballots for the voter. Number of assigned voter's application when issued. Precinct in which the applicant is registered. Address to which ballots are to be mailed. Repealed by Session Laws 2009-537, s. 3, effective January 1, 2010, and applicable with respect to elections held on or after that date. Date request for application for ballots is received by the county board of elections. The voter's party affiliation. The date the ballots were mailed or delivered to the voter. Whatever additional information and official action may be required by this Article. With respect to each early "one-stop" absentee ballot voted under G.S. 163-227.2, 163-227.5, and 163-227.6, the State Board shall approve an official register in which the county board of elections in each county of the State shall record the following information: Name of voter for whom application and ballots are being requested. Number of assigned voter's application when issued. The precinct in which the voter is registered. The date the voter voted early "one-stop." The voter's party affiliation. Whatever additional information and official action may be required by this Article. The State Board may provide for the official registers required by this section to be kept by electronic data processing equipment. The official register required by subsection (a) of this section shall be confidential and not a public record until the opening of the voting place in accordance with G.S. 163-166.01, at which time the official register shall constitute a public record. The official register required by subsection (a1) of this section shall constitute a public record and shall be opened to the inspection of any registered voter of the county within 60 days before and 30 days after an election in which absentee ballots were authorized, or at any other time when good and sufficient reason may be assigned for its inspection. The State Board shall require the county board of elections to transmit information in the official register provided for in this section and the list required by G.S. 163-232 to the State Board. The State Board shall adopt rules to implement this subsection, including frequency of transmittal. Notwithstanding subsection (c) of this section, the State Board or a county board of elections shall inform the voter of the status of that voter's request for mail-in absentee ballots upon inquiry of the voter or the voter's near relative or verifiable legal guardian. History (1939, c. 159, ss. 3, 9; 1945, c. 758, s. 8; 1953, c. 1114; 1963, c. 457, s. 3; 1965, c. 1208; 1967, c. 775, s. 1; c. 952, s. 4; 1973, c. 536, s. 1; 1977, c. 469, s. 1; 1991, c. 636, s. 21; 1999-455, s. 7; 2009-537, s. 3; 2017-6, s. 3; 2018-144, s. 3.4(h); 2018-146, ss. 3.1(a), (b), 4.9; 2019-239, s. 1.1(a).) Editor's Note. - This section was recodified as now former G.S. 163A-1306 by Session Laws 2017-6, s. 3. Former G.S. 163A-1306 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 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 rewriting of this section by Session Laws 2019-239, s. 1.1(a), 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. Effect of Amendments. - Session Laws 2009-537, s. 3, effective January 1, 2010, and applicable with respect to elections held on or after that date, deleted former subdivision (5), which read: "Reason assigned for requesting absentee ballots."; and substituted "within 60 days before" for "at any time within 50 days before" in the last paragraph of the section. Session Laws 2018-144, s. 3.4(h), effective December 19, 2018, in subdivision (5), deleted "163A-1301" following "G.S. 163A-1300"; and made a minor stylistic change. Session Laws 2018-146, s. 4.9, effective December 27, 2018, added subsection designations (a)-(c) and added subsection (d). Session Laws 2019-239, s. 1.1(a), rewrote the section. For effective date and applicability, see editor's note.