North Carolina § 163-230 - 2. Method of requesting absentee ballots.

§ 163-230. 2. Method of requesting absentee ballots.

Valid Types of Written Requests. - A completed written request form for absentee ballots as required by G.S. 163-230.1 is valid only if it is on a form created by the State Board and signed by the voter requesting absentee ballots or that voter's near relative or verifiable legal guardian. The State Board shall make the blank request form available at its offices, online, and in each county board of elections office, and that blank request form may be reproduced. A voter may call the State Board of Elections or a county board of elections office and request that the blank request form be sent to the voter by mail, e-mail, or fax. The request form created by the State Board shall require at least the following information: The name and address of the residence of the voter. The name and address of the voter's near relative or verifiable legal guardian if that individual is making the request. The address of the voter to which the application and absentee ballots are to be mailed if different from the residence address of the voter. One of the following: The number of the applicant's North Carolina drivers license issued under Article 2 of Chapter 20 of the General Statutes, including a learner's permit or a provisional license. The number of the applicant's special identification card for nonoperators issued under G.S. 20-37.7. The last four digits of the applicant's social security number. The voter's date of birth. The signature of the voter or of the voter's near relative or verifiable legal guardian if that individual is making the request. A clear indicator of the date the election generating the request is to be held, except for annual calendar year requests in accordance with G.S. 163-226(b). Request to Update Voter Registration. - A completed request form for absentee ballots shall be deemed a request to update the official record of voter registration for that voter and shall be confirmed in writing in accordance with G.S. 163-82.14(d). Return of Request. - The completed request form for absentee ballots shall be delivered to the county board of elections only by any of the following: The voter. The voter's near relative or verifiable legal guardian. A member of a multipartisan team trained and authorized by the county board of elections pursuant to G.S. 163-226.3. Confirmation of Voter Registration. - Upon receiving a completed request form for absentee ballots, the county board shall confirm that voter's registration. If that voter is confirmed as a registered voter of the county, the absentee ballots and certification form shall be mailed to the voter, unless personally delivered in accordance with G.S. 163-230.1(b). If the voter's official record of voter registration conflicts with the completed request form for absentee ballots or cannot be confirmed, the voter shall be so notified. If the county board cannot resolve the differences, no application or absentee ballots shall be issued. Invalid Types of Written Requests. - If a county board of elections receives a request for absentee ballots that does not comply with this subsection or subsection (a) of this section, the board shall not issue an application and ballots under G.S. 163-230.1. A request for absentee ballots is not valid if any of the following apply: The completed written request is not on a form created by the State Board. The completed written request is completed, partially or in whole, or signed by anyone other than the voter, or the voter's near relative or verifiable legal guardian. A member of a multipartisan team trained and authorized by the county board of elections pursuant to G.S. 163-226.3 may assist in completion of the request. The written request does not contain all of the information required by subsection (a) of this section. The completed written request is returned to the county board by someone other than a person listed in subsection (c) of this section, the United States Postal Service, or a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2). Assistance by Others. - If a voter is in need of assistance completing the written request form due to blindness, disability, or inability to read or write and there is not a near relative or legal guardian available to assist that voter, the voter may request some other person to give assistance, notwithstanding any other provision of this section. If another person gives assistance in completing the written request form, that person's name and address shall be disclosed on the written request form in addition to the information listed in subsection (a) of this section. Rules by State Board. - The State Board shall adopt rules for the enforcement of this section. History (2002-159, s. 57(a); 2013-381, s. 4.3; 2017-6, s. 3; 2018-144, s. 1.2(e); 2018-146, s. 3.1(a), (b); 2019-239, s. 1.3(a); 2020-17, s. 5.) Editor's Note. - This section was recodified as now former G.S. 163A-1309 by Session Laws 2017-6, s. 3. Former G.S. 163A-1309 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 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(4), made the amendment to this section by Session Laws 2013-381, s. 4.3, applicable to primaries and elections held on or after January 1, 2014. 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. 60.1, is a severability clause. Session Laws 2018-144, s. 1.2(i), provides: "The State Board of Elections and Ethics Enforcement shall develop temporary rules in accordance with G.S. 163A-1309, as amended by this section, no later than July 1, 2019, and permanent rules no later than January 1, 2020. In the development of these rules, the State Board shall consult with Disability Rights North Carolina to develop forms and instructions that are accessible to the disabled community. At least 14 days prior to adoption of the temporary and permanent rules, the State Board shall report to the Joint Legislative Elections Oversight Committee on the content of the proposed rules. In addition, the State Board shall report to the Joint Legislative Elections Oversight Committee no later than March 1, 2019, on the following: "(1) Any other recommendations to secure the absentee voting by mail process, including, but not limited, to the following: "a. Increasing the potential criminal penalty for violations of that process. "b. Increasing training and education for absentee voters by mail. "c. Improved technological or administrative methods to ensure the proper chain of custody of absentee voting by mail. "(2) Any recommended statutory changes related to security of absentee voting by mail, including legislation recommended for implementation of subsections (d) and (e) of this section." 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. 1.3(d), provides: "On or before May 1, 2020, the State Board of Elections shall report to the Joint Legislative Elections Oversight Committee and the General Assembly as to its plans to implement Sections 1.2 and 1.3 of this act and any recommendations for statutory changes necessary to implement these provisions." Session Laws 2019-239, s. 1.3(e), provides: "Notwithstanding G.S. 163-230.2 , as amended by this section, the State Board shall issue absentee application and ballots to any voter who has submitted a valid request for absentee ballots prior to the effective date of this act for elections held in 2019 and 2020." 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. 1.3(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. Session Laws 2020-17, s. 2(a), (b), provides: "(a) For an election held in 2020, notwithstanding G.S. 163-230.2 , a completed written request for absentee ballots may be delivered either in person or by mail, e-mail, or fax, to the county board of elections by the voter, the voter's near relative or verifiable legal guardian, or any individual working as part of a multipartisan team trained and authorized by the county board of elections pursuant to G.S. 163-226.3 . A request for absentee ballots shall be valid if it is returned to the county board of elections through one of the following methods: (i) hand-delivered to the county board of elections by a person listed in G.S. 163-230.2 (c), (ii) mailed to the county board by the United States Postal Service, or a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2), by a person listed in G.S. 163-230.2(c) , or (iii) e-mailed or faxed to the county board of elections by a person listed in G.S. 163-230.2(c) . "(b) The Department of Health and Human Services and the State Board of Elections shall develop guidance to safely allow multipartisan teams to assist registered voters within hospitals, clinics, nursing homes, assisted living or other congregate living situations in the 2020 elections during the COVID-19 pandemic in accordance with law, as amended by this act. Multipartisan teams, as used in this section, are those appointed and trained by the county board of elections in accordance with this act and G.S. 163-226.3 and implementing rules. No later than August 1, 2020, the Department and the State Board shall jointly submit a report to the Joint Legislative Oversight Committee on General Government, the Joint Legislative Elections Oversight Committee, and the Governor as to the details of the guidance." Effect of Amendments. - Session Laws 2013-381, s. 4.3, effective January 1, 2014, rewrote subsection (a); and added subsections (a1) through (a3). For applicability, see editor's note. Session Laws 2018-144, s. 1.2(e), effective December 19, 2018, rewrote subdivision (a)(4), rewrote subsection (f), and added subdivisions (f)(1) through (f)(3). Session Laws 2019-239, s. 1.3(a), rewrote the section. For effective date and applicability, see editor's note. Session Laws 2020-17, s. 5, effective June 12, 2020, in subsection (a), in the introductory paragraph, inserted "blank request" twice in the second sentence, and added the third sentence.