North Carolina § 163-283 - Right to participate or vote in party primary.

§ 163-283. Right to participate or vote in party primary.

No person shall be entitled to vote or otherwise participate in the primary election of any political party unless that person complies with all of the following: Is a registered voter. Has declared and has had recorded on the registration book or record the fact that the voter affiliates with the political party in whose primary the voter proposes to vote or participate. Is in good faith a member of that party. Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163-119 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph. Any person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary election, shall be entitled to register while the registration books are open during the regular registration period prior to the primary and then to vote in the primary after being registered, provided however, under full-time and permanent registration, such an individual may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-82.6(d) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections. History (1971, c. 835, s. 1; 1983, c. 331, s. 5; 1987, c. 408, s. 5; c. 457, s. 2; 1991 (Reg. Sess., 1992), c. 1032, s. 8; 1993 (Reg. Sess., 1994), c. 762, s. 62; 2008-150, s. 5(c); 2009-541, s. 24; 2013-381, s. 16.6; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) 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: § 163-283. Right to participate or vote in party primary. No person shall be entitled to vote or otherwise participate in the primary election of any political party unless that person complies with all of the following: (1) Is a registered voter. (2) Has declared and has had recorded on the registration book or record the fact that the voter affiliates with the political party in whose primary the voter proposes to vote or participate. (3) Is in good faith a member of that party. Notwithstanding the previous paragraph, any unaffiliated voter who is authorized under G.S. 163-119 may also vote in the primary if the voter is otherwise eligible to vote in that primary except for subdivisions (2) and (3) of the previous paragraph. Any person who will become qualified by age to register and vote in the general election for which the primary is held, even though not so qualified by the date of the primary election, shall be entitled to register while the registration books are open during the regular registration period prior to the primary and then to vote in the primary after being registered, provided however, under full-time and permanent registration, such an individual may register not earlier than 60 days nor later than the last day for making application to register under G.S. 163-82.6(c) prior to the primary. In addition, persons who will become qualified by age to register and vote in the general election for which the primary is held, who do not register during the special period may register to vote after such period as if they were qualified on the basis of age, but until they are qualified by age to vote, they may vote only in primary elections. Such a person also may register and vote in the primary and general election pursuant to G.S. 163-82.6 A(f). Editor's Note. - This section was recodified as now former G.S. 163A-1587 by Session Laws 2017-6, s. 3. Former G.S. 163A-1587 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. The amendment to this section by Session Laws 2008-150, s. 5(c), included replacing a citation to G.S. 163-116 with a citation to G.S. 163-119 . However, the substitution had been made previously. 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 2008-150, s. 5(c), effective August 2, 2008, in the second paragraph, substituted "G.S. 163-119" for "G.S. 163-116"; and in the third paragraph, deleted "or residence" following "qualified by age" near the beginning. Session Laws 2009-541, s. 24, effective August 28, 2009, in the first paragraph, substituted "unless that person complies with all of the following" for "unless he" , substituted "`the voter" for "he" twice in subdivision (2), and made punctuation changes in subdivisions (1) and (2); and added the last sentence of the last paragraph. Session Laws 2013-381, s. 16.6, effective January 1, 2014, deleted the last sentence in the last paragraph of this section, which formerly read "Such a person also may register and vote in the primary and general election pursuant to G.S. 163-82.6 A(f)."