North Carolina § 163-87 - Challenges allowed on day of primary or election.

§ 163-87. Challenges allowed on day of primary or election.

On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the county may exercise the right of challenge, and when the voter does so may enter the voting enclosure to make the challenge, but the voter shall retire therefrom as soon as the challenge is heard. On the day of a primary or election, any other registered voter of the county may challenge a person for one or more of the following reasons: One or more of the reasons listed in G.S. 163-85(c). That the person has already voted in that primary or election. If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party. Repealed by Session Laws 2018-144, s. 3.1(c), effective December 19, 2018. The registered voter does not present photo identification in accordance with G.S. 163-166.16. The chief judge, judge, or assistant appointed under G.S. 163-41 or 163-42 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge, judge, or assistant. If a person is challenged under this subsection, and the challenge is sustained under G.S. 163-85(c)(3) , the voter may still transfer that voter's registration under G.S. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made. A person who has transferred that voter's registration under G.S. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred. History (1915, c. 101, s. 11; 1917, c. 218; C.S., s. 6031; 1921, c. 181, s. 6; 1923, c. 111, s. 14; 1929, c. 164, s. 36; 1953, c. 843; 1955, c. 800; c. 871, s. 7; 1959, c. 616, s. 2; c. 1203, s. 7; 1963, c. 303, s. 1; 1967, c. 775, s. 1; 1985, c. 563, ss. 11.4, 14; 1987, c. 408, s. 7; 1993 (Reg. Sess., 1994), c. 762, s. 26; 1995 (Reg. Sess., 1996), c. 734, s. 4; 2006-262, s. 3(a); 2009-541, s. 16.1(b); 2013-381, ss. 2.9, 20.2; 2017-6, s. 3; 2018-144, s. 3.1(c); 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: § 163-87. Challenges allowed on day of primary or election. On the day of a primary or election, at the time a registered voter offers to vote, any other registered voter of the precinct may exercise the right of challenge, and when he does so may enter the voting enclosure to make the challenge, but he shall retire therefrom as soon as the challenge is heard. On the day of a primary or election, any other registered voter of the precinct may challenge a person for one or more of the following reasons: (1) One or more of the reasons listed in G.S. 163-85(c) . (2) That the person has already voted in that primary or election. (3) Repealed by Session Laws 2009-541, s. 16.1(b), effective August 28, 2009. (4) If the challenge is made with respect to voting in a partisan primary, that the person is a registered voter of another political party. The chief judge, judge, or assistant appointed under G.S. 163-41 or 163-42 may enter challenges under this section against voters in the precinct for which appointed regardless of the place of residence of the chief judge, judge, or assistant. If a person is challenged under this subsection, and the challenge is sustained under G.S. 163-85(c)(3) , the voter may still transfer his registration under G.S. 163-82.15(e) if eligible under that section, and the registration shall not be cancelled under G.S. 163-90.2(a) if the transfer is made. A person who has transferred his registration under G.S. 163-82.15(e) may be challenged at the precinct to which the registration is being transferred. Editor's Note. - This section was recodified as now former G.S. 163A-913 by Session Laws 2017-6, s. 3. Former G.S. 163A-913 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 1993 (Reg. Sess., 1994), c. 762, s. 61, effective January 1, 1995, provides: "Any person who on December 31, 1994, was a registrar under G.S. 163-41 shall be a chief judge under G.S. 163-41 ." Session Laws 2006-262, s. 5, provides that s. 3(a) of this act, which amended this section, is effective when it becomes law, except that any criminal penalty resulting from Session Laws 2006-262 becomes effective October 1, 2006. Prosecutions for offenses committed before October 1, 2006, are not abated or affected by Session Laws 2006-262, and the statutes that would be applicable but for this act remain applicable to those prosecutions. Session Laws 2013-381, s. 6.2(2), made the amendment to this section by Session Laws 2013-381, s. 2.9, which substituted "the voter" for "he" twice in the first undesignated paragraph, added subdivision (5), and substituted "that voter's" for "his" twice in the last undesignated paragraph, 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. 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. 60.1, is a severability clause. Subdivision (4a), as added by Session Laws 2018-144, s. 3.1(a), was renumbered as subdivision (5) at the direction of the Revisor of Statutes. 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." Effect of Amendments. - Session Laws 2006-262, s. 3(a), effective August 27, 2006, added subdivision (4); deleted the former third paragraph which read: "On the day of a party primary, any voter of the precinct who is registered as a member of the political party conducting the primary may, at the time any registrant proposes to vote, challenge his right to vote upon the ground that he does not affiliate with the party conducting the primary or does not in good faith intend to support the candidates nominated in that party's primary, and it shall be the duty of the chief judge and judges of election to determine whether or not the challenged registrant has a right to vote in that primary according to the procedures prescribed in G.S. 163-88 ; provided that no challenge may be made on the grounds specified in the paragraph against an unaffiliated voter voting in the primary under G.S. 163-74(a1)."; and made minor punctuation changes. Session Laws 2009-541, s. 16.1(b), effective August 28, 2009, deleted subdivision (3) of the second paragraph of the section, which read: "That the person presenting himself to vote is not who he represents himself to be." Session Laws 2013-381, s. 2.9, effective January 1, 2016, substituted "the voter" for "he" twice in the first undesignated paragraph; added subdivision (5); and substituted "that voter's" for "his" twice in the last undesignated paragraph. For applicability, see editor's note. Session Laws 2013-381, s. 20.2, effective January 1, 2014, substituted "county" for "precinct" twice in the first two undesignated paragraphs of this section. Session Laws 2018-144, s. 3.1(c), effective December 19, 2018, deleted subdivision (4) and added subdivision (4a). See editor's note for renumbering. Legal Periodicals. - For comment on election contests in North Carolina, see 55 N.C.L. Rev. 1228 (1977). For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).