North Carolina § 163-302 - Absentee voting.

§ 163-302. Absentee voting.

In any municipal election, including a primary or general election or referendum, absentee voting may, upon resolution of the municipal governing body, be permitted. Such resolution must be adopted no later than 60 days prior to an election in order to be effective for that election. Any such resolution shall remain effective for all future elections unless repealed no later than 60 days before an election. A copy of all resolutions adopted under this section shall be filed with the State Board of Elections and the county board of elections conducting the election within 10 days of passage in order to be effective. In addition, absentee voting shall be allowed in any referendum on incorporation of a municipality. (Effective until March 9, 2022) The provisions of Articles 20 and 21 of this Chapter shall apply to absentee voting in municipal elections, special district elections, and other elections for an area less than an entire county other than elections for the General Assembly, except that the earliest date by which absentee ballots shall be required to be available for absentee voting in such elections shall be 30 days prior to the primary or election or as quickly following the filing deadline specified in G.S. 163-291(2) or G.S. 163-294(c) as the county board of elections is able to secure the official ballots. In elections on incorporation of a municipality not held at the same time as another election in the same area, the county board of elections shall adopt a special schedule of meetings of the county board of elections to approve absentee ballot applications so as to reduce the cost of the process, and to further implement the last paragraph of G.S. 163-230(2)a. If no application has been received since the last meeting, no meeting shall be held of the county board of elections under such schedule unless the meeting is scheduled for another purpose. If another election is being held in the same area on the same day, or elsewhere in the county, the cost of per diem for meetings of the county board of elections to approve absentee ballots shall not be considered a cost of the election to be billed to the municipality being created. (Effective March 9, 2022 until June 1, 2022) The provisions of Articles 20 and 21 of this Chapter shall apply to absentee voting in municipal elections, special district elections, and other elections for an area less than an entire county other than elections for the General Assembly, except that the earliest date by which absentee ballots shall be required to be available for absentee voting in such elections shall be 30 days prior to the primary or election or as quickly following the filing deadline as the county board of elections is able to secure the official ballots. In elections on incorporation of a municipality not held at the same time as another election in the same area, the county board of elections shall adopt a special schedule of meetings of the county board of elections to approve absentee ballot applications so as to reduce the cost of the process, and to further implement the last paragraph of G.S. 163-230(2)a. If no application has been received since the last meeting, no meeting shall be held of the county board of elections under such schedule unless the meeting is scheduled for another purpose. If another election is being held in the same area on the same day, or elsewhere in the county, the cost of per diem for meetings of the county board of elections to approve absentee ballots shall not be considered a cost of the election to be billed to the municipality being created. (Effective June 1, 2022) The provisions of Articles 20 and 21 of this Chapter shall apply to absentee voting in municipal elections, special district elections, and other elections for an area less than an entire county other than elections for the General Assembly, except that the earliest date by which absentee ballots shall be required to be available for absentee voting in such elections shall be 30 days prior to the primary or election or as quickly following the filing deadline specified in G.S. 163-291(2) or G.S. 163-294(c) as the county board of elections is able to secure the official ballots. In elections on incorporation of a municipality not held at the same time as another election in the same area, the county board of elections shall adopt a special schedule of meetings of the county board of elections to approve absentee ballot applications so as to reduce the cost of the process, and to further implement the last paragraph of G.S. 163-230(2)a. If no application has been received since the last meeting, no meeting shall be held of the county board of elections under such schedule unless the meeting is scheduled for another purpose. If another election is being held in the same area on the same day, or elsewhere in the county, the cost of per diem for meetings of the county board of elections to approve absentee ballots shall not be considered a cost of the election to be billed to the municipality being created. History (1971, c. 835, s. 1; 1975, c. 370, s. 1; c. 836; 1977, c. 475, s. 1; 1983, c. 324, s. 6; 1991 (Reg. Sess., 1992), c. 933, s. 1; 2014-111, s. 10; 2017-6, s. 3; 2018-146, s. 3.1(a), (b); 2021-56, s. 1.5(c).) Subsection (b) Set Out Three Times. - The first version of subsection (b) set out above is effective until March 9, 2022. The second version of subsection (b) set out above is effective March 9, 2022 until June 1, 2022. The third version of subsection (b) set out above is effective June 1, 2022. Local Modification. - City of Cherryville: 1983 (Reg. Sess., 1984), c. 935; town of Hazelwood: 1987, c. 338, s. 8; town of Mooresville: 1987, c. 359; town of Old Fort: 1993, c. 35, s. 1 (effective July 1, 1993 with respect to all elections held on or after July 1, 1993); town of Waynesville: 1987, c. 338, s. 8; Alamance County Board of Elections: 1998-151, s. 9.6; First Craven Sanitary District: 2014-54, s. 1 (as to subsection (a)); Union County Board of Elections: 1998-151, s. 9.6. Editor's Note. - This section was recodified as now former G.S. 163A-1630 by Session Laws 2017-6, s. 3. Former G.S. 163A-1630 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. Former G.S. 163-230 , referred to above, was repealed by Session Laws 1999-455, s. 9. 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 2021-56, s. 1.5(d), provides that the deletion of "specified in G.S. 163-291(2) or G.S. 163-294(c) " after "following the filing deadline" in the first sentence of subsection (b) of this section by Session Laws 2021-56, s. 1.5(c), is effective March 9, 2022, and expires on June 1, 2022. Session Laws 2021-56, s. 1.9, provides: "This act shall not apply to offices elected at large in any municipality where there is an election of municipal officers scheduled for 2021, where less than the entire jurisdiction is eligible to vote for candidates for one or more offices on the 2021, and that municipality has notified the county board of elections at least five business days prior to the opening of the 2021 filing period as provided in Article 23 or 24 of Chapter 163 of the General Statutes for the method of election for that municipality. If the county board of elections is so notified, the county board of elections shall open the filing period for the offices elected at large only for that municipality and conduct the election in 2021 in accordance with that municipality's charter and Chapter 163 of the General Statutes." Effect of Amendments. - Session Laws 2014-111, s. 10, effective August 6, 2014, in subsection (a), deleted "conducted by the county board of elections," following "referendum" and deleted the next-to-last sentence, which read: "Absentee voting shall not be permitted in any municipal election unless such election is conducted by the county board of elections." Session Laws 2021-56, s. 1.5(c), deleted "specified in G.S. 163-291(2) or G.S. 163-294(c) " after "following the filing deadline" in the first sentence of subsection (b). For effective date and expiration, see editor's note. § 163-303: Repealed by Session Laws 1977, c. 265, s. 19.