GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-424
The General Assembly of North Carolina enacts:
- CLARIFYING THE ROLE OF THE STATE BOARD OF ELECTIONS IN THE PROCESS OF ORDERING NEW ELECTIONS.
Section 1. G.S. 163-22.1(a) reads as rewritten:
"(a) State Board's
Authority. - If the State Board of Elections, acting upon the agreement of at
least four of its members, and after holding public hearings on election
contests, alleged election irregularities or fraud, or violations of elections
laws, determines that a new primary, general or special election should be
held, the Board may order that a new primary, general or special election be
held, either statewide, or in any counties, electoral districts, special
districts, or municipalities over whose elections it has jurisdiction. The
State Board shall be authorized to order a new election without conducting a
public hearing provided a public hearing on the allegations was held by the
county or municipal board of elections and the State Board is satisfied that
such hearing gave sufficient opportunity for presentation of evidence and
provided further that the State Board adopts the findings of the county or
municipal board of elections. evidence.
Any new primary, general or special election so ordered shall be conducted under applicable constitutional and statutory authority and shall be supervised by the State Board of Elections and conducted by the appropriate elections officials.
The State Board of Elections has authority to adopt rules and regulations and to issue orders to carry out its authority under this section."
- CLARIFYING THE APPEAL PROCESS IN CONTESTED ELECTIONS.
Section 2. G.S. 163-181 reads as rewritten:
"§
163-181. Certification of election stayed Appeal process when
election is contested.
The chairman of the county or city board of elections
shall not issue a certification of election or nomination or the results of a
referendum if there is an election contest pending before the county or city
board of election or before the State Board of Elections on appeal or
otherwise.
Appeals from a decision of the State Board of Elections
shall be to the Superior Court of Wake County.
A copy of the State Board of Elections' final decision shall
be served on the parties personally or by certified mail. After the decision by
the State Board of Elections has been served on the parties, the certification
of election shall issue unless the appealing party petitions the Superior Court
of Wake County for a stay of the certification within 10 days after the date of
service.
The Superior Court of Wake County shall not issue a stay
of certification unless the petitioner shows the court that he intends to
appeal the decision of the State Board of Elections and that he is likely to
prevail and that the results of the election would be changed in his favor.
Mere irregularities in the election which would not change the results of the
election shall not be sufficient for the court to issue a stay of certification.
A copy of the final decision of the State Board of Elections in a contested election shall be served on the parties personally or by certified mail. A decision to order a new election is considered a final decision for purposes of seeking review of the decision. An aggrieved party has the right to appeal the final decision within 10 days of the date of service. After the decision by the State Board of Elections has been served on the parties, the certification of nomination or election or the results of the referendum shall issue unless an appealing party obtains a stay of the certification from the Superior Court of Wake County within 10 days after the date of service.
Appeals from a decision of the State Board of Elections shall be to the Superior Court of Wake County. The court shall not issue a stay of certification of nomination or election or the results of a referendum unless the petitioner shows the court that the petitioner has appealed the decision of the State Board of Elections, that the petitioner is an aggrieved party, that the petitioner is likely to prevail, and that the results of the election would be changed in the petitioner's favor. Mere irregularities in the election which would not change the results of the election shall not be sufficient for the court to issue a stay of certification.
The chair of the county or municipal board of elections shall not issue a certification of nomination or election or the results of a referendum until 10 days after service of a final decision in an election contest or until an election contest is dismissed. No certification shall issue while an election contest is pending before the county, municipal, or State board of elections on appeal or otherwise."
- REENACTING AND RECODIFYING PROVISIONS OF PRE-1995 VOTER REGISTRATION ARTICLE THAT WERE INADVERTENTLY DROPPED IN ENACTMENT OF ARTICLE 7A OF CHAPTER 163.
Section 3.(a) Article 4 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-37. Duty of county board of commissioners.
The respective boards of county commissioners shall appropriate reasonable and adequate funds necessary for the legal functions of the county board of elections, including reasonable and just compensation of the director of elections."
Section 3.(b) Article 12 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-131. Accessible polling places.
(a) The State Board of Elections shall promulgate rules to assure that any disabled or elderly voter assigned to an inaccessible polling place, upon advance request of such voter, will be assigned to an accessible polling place. Such rules should allow the request to be made in advance of the day of the election.
(b) Words in this section have the meanings prescribed by P.L. 98-435, except that the term 'disabled' in this section has the same meaning as 'handicapped' in P.L. 98-435."
- CLARIFYING THE STATUTES CONCERNING CANDIDATE VACANCIES IN THE NONPARTISAN ELECTION OF JUDGES.
Section 4.(a) G.S. 163-327 reads as rewritten:
"§
163-327. Death Vacancies of candidates or elected officers.
(a) Death or
Disqualification of Candidate Before Primary. - If a candidate for nomination
in a primary dies, dies or becomes disqualified, or withdraws disqualified
before the primary but after the ballots have been printed, the State Board
of Elections shall determine whether or not there is time to reprint the
ballots. If the Board determines that there is not enough time to reprint the ballots,
the deceased or disqualified candidate's name shall remain on the ballots. If
that candidate receives enough votes for nomination, such votes shall be
disregarded and the candidate receiving the next highest number of votes below
the number necessary for nomination shall be declared nominated. If the death
or disqualification of the candidate leaves only two candidates for each office
to be filled, the nonpartisan primary shall not be held and all candidates
shall be declared nominees.
(b) Death, Disqualification, or Resignation of Official After Election. - If a person elected to the office of superior court judge dies, becomes disqualified, or resigns on or after election day and before he has qualified by taking the oath of office, the office shall be deemed vacant and shall be filled as provided by law."
Section 4.(b) G.S. 163-328 reads as rewritten:
"§ 163-328. Failure of candidates to file; death or other disqualification of a candidate before election.
(a) Insufficient Number of Candidates. - If when the filing period expires, candidates have not filed for an office to be filled under this Article, the State Board of Elections shall extend the filing period for five days for any such offices.
(b) Death or Other
Disqualification of Candidate; Reopening Filing. - If there is no primary
because only one or two candidates have filed for a single office, or the
number of candidates filed for a group of offices does not exceed twice the
number of positions to be filled, and thereafter a candidate dies or
otherwise becomes disqualified before the election and before the ballots
are printed, the State Board of Elections shall, upon notification of the death,
death or other disqualification, immediately reopen the filing
period for an additional five days during which time additional candidates
shall be permitted to file for election. If the ballots have been printed at
the time the State Board of Elections receives notice of the candidate's death,
death or other disqualification, the Board shall determine whether
there will be sufficient time to reprint them before the election if the filing
period is reopened for three days. If the Board determines that there will be
sufficient time to reprint the ballots, it shall reopen the filing period for
three days to allow other candidates to file for election, and such election
shall be conducted on the plurality basis.
(c) Death of Vacancy
Caused by Nominated Candidate; Ballots Not Reprinted. - If the ballots have
been printed at the time the State Board of Elections receives notice of a
candidate's death, other disqualification, or resignation, and if the
Board determines that there is not enough time to reprint the ballots before
the election if the filing period is reopened for three days, then regardless
of the number of candidates remaining for the office or group of offices, the
ballots shall not be reprinted and the name of the deceased vacated candidate
shall remain on the ballots. If a deceased vacated candidate
should poll the highest number of votes in the election for a single office or
enough votes to be elected to one of a group of offices, the State Board of
Elections shall declare the office vacant and it shall be filled in the manner
provided by law."
- CONFORMING THE STATUTES TO COURT RULINGS CONCERNING PETITIONS AND MAKING OTHER TECHNICAL CHANGES TO THE PETITION STATUTES.
Section 5.(a) G.S. 163-96(b) reads as rewritten:
"§ 163-96. "Political party" defined; creation of new party.
(a) Definition. - A political party within the meaning of the election laws of this State shall be either:
(1) Any group of voters which, at the last preceding general State election, polled for its candidate for Governor, or for presidential electors, at least ten percent (10%) of the entire vote cast in the State for Governor or for presidential electors; or
(2) Any group of voters which shall have filed with the State Board of Elections petitions for the formulation of a new political party which are signed by registered and qualified voters in this State equal in number to two percent (2%) of the total number of voters who voted in the most recent general election for Governor. Also the petition must be signed by at least 200 registered voters from each of four congressional districts in North Carolina. To be effective, the petitioners must file their petitions with the State Board of Elections before 12:00 noon on the first day of June preceding the day on which is to be held the first general State election in which the new political party desires to participate. The State Board of Elections shall forthwith determine the sufficiency of petitions filed with it and shall immediately communicate its determination to the State chairman of the proposed new political party.
(b) Petitions for New Political Party. - Petitions for the creation of a new political party shall contain on the heading of each page of the petition in bold print or all in capital letters the words: "THE UNDERSIGNED REGISTERED VOTERS IN ............ COUNTY HEREBY PETITION FOR THE FORMATION OF A NEW POLITICAL PARTY TO BE NAMED ......... AND WHOSE STATE CHAIRMAN IS ................., RESIDING AT................ AND WHO CAN BE REACHED BY TELEPHONE AT....... THE SIGNERS OF THIS PETITION INTEND TO ORGANIZE A NEW POLITICAL PARTY TO PARTICIPATE IN THE NEXT SUCCEEDING GENERAL ELECTION."
All printing required to appear on the heading of the petition shall be in type no smaller than 10 point or in all capital letters, double spaced typewriter size. In addition to the form of the petition, the organizers and petition circulators shall inform the signers of the general purpose and intent of the new party.
The petitions must specify the name selected for the proposed political party. The State Board of Elections shall reject petitions for the formation of a new party if the name chosen contains any word that appears in the name of any existing political party recognized in this State or if, in the Board's opinion, the name is so similar to that of an existing political party recognized in this State as to confuse or mislead the voters at an election.
The petitions must state the name and address of the State chairman of the proposed new political party.
The validity of the signatures on the petitions shall be
proved in accordance with one of the following alternative procedures:
(1) The signers
may acknowledge their signatures before an officer authorized to take
acknowledgments, after which that officer shall certify the validity of the
signatures by appropriate notation attached to the petition, or
(2) A person in
whose presence a petition was signed may go before an officer authorized to
take acknowledgments and, after being sworn, testify to the genuineness of the
signatures on the petition, after which the officer before whom he has
testified shall certify his testimony by appropriate notation attached to the
petition.
(b1) Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained, and it shall be the chairman's duty:
(1) To examine the signatures on the petition and place a check mark on the petition by the name of each signer who is qualified and registered to vote in his county.
(2) To attach to the petition his signed certificate
a. Stating that the signatures on the petition have been checked against the registration records and
b. Indicating the number found qualified and registered to vote in his county.
(3) To return each petition, together with the certificate required by the preceding subdivision, to the person who presented it to him for checking.
The group of petitioners shall submit the petitions to the
chairman of the county board of elections in the county in which the signatures
were obtained no later than 5:00 P.M. on the fifteenth day preceding the date
the petitions are due to be filed with the State Board of Elections as provided
in subsection (a)(2) of this section. Provided the petitions are timely
submitted, the chairman of the county board of elections shall require a fee
of five cents (5¢) for each signature appearing and shall proceed to
examine and verify the signatures under the provisions of this
subsection. Verification shall be completed within two weeks from the
date such petitions are presented and the required fee received. presented.
(c) Repealed by Session Laws 1983, c. 576, s. 3."
Section 5.(b) G.S. 163-122(a) reads as rewritten:
"(a) Procedure for Having Name Printed on Ballot as Unaffiliated Candidate. - Any qualified voter who seeks to have his name printed on the general election ballot as an unaffiliated candidate shall:
(1) If the office is a
statewide office, file written petitions with the State Board of Elections
supporting his candidacy for a specified office. These petitions must be filed
with the State Board of Elections on or before 12:00 noon on the last Friday in
June preceding the general election and must be signed by qualified voters of
the State equal in number to two percent (2%) of the total number of registered
voters in the State as reflected by the most recent statistical report issued
by the State Board of Elections. Each No later than 5:00 p.m. on the
fifteenth day preceding the date the petitions are due to be filed with the
State Board of Elections, each petition shall be presented to the chairman
of the board of elections of the county in which the signatures were obtained. The
Provided the petitions are timely submitted, the chairman shall
examine the names on the petition and place a check mark on the petition by the
name of each signer who is qualified and registered to vote in his county and
shall attach to the petition his signed certificate. Said certificates shall
state that the signatures on the petition have been checked against the
registration records and shall indicate the number of signers to be qualified
and registered to vote in his county. The chairman shall return each petition,
together with the certificate required in this section, to the person who
presented it to him for checking. Verification by the chairman of the county
board of elections shall be completed within two weeks from the date such
petitions are presented and a fee of five cents (5¢) for each name appearing
on the petition has been received. presented.
(2) If the office is a district office comprised of two or more counties, file written petitions with the State Board of Elections supporting his candidacy for a specified office. These petitions must be filed with the State Board of Elections on or before 12:00 noon on the last Friday in June preceding the general election and must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of registered voters in the district as reflected by the latest statistical report issued by the State Board of Elections. Each petition shall be presented to the chairman of the board of elections of the county in which the signatures were obtained. The chairman shall examine the names on the petition and the procedure for certification and deadline for submission to the county board shall be the same as specified in (1) above.
(3) If the office is a county office or a single county legislative district, file written petitions with the chairman or director of the county board of elections supporting his candidacy for a specified county office. These petitions must be filed with the county board of elections on or before 12:00 noon on the last Friday in June preceding the general election and must be signed by qualified voters of the county equal in number to four percent (4%) of the total number of registered voters in the county as reflected by the most recent statistical report issued by the State Board of Elections, except if the office is for a district consisting of less than the entire county and only the voters in that district vote for that office, the petitions must be signed by qualified voters of the district equal in number to four percent (4%) of the total number of voters in the district according to the most recent figures certified by the State Board of Elections. Each petition shall be presented to the chairman or director of the county board of elections. The chairman shall examine, or cause to be examined, the names on the petition and the procedure for certification shall be the same as specified in (1) above.
(4) If the office is a partisan municipal office, file written petitions with the chairman or director of the county board of elections in the county wherein the municipality is located supporting his candidacy for a specified municipal office. These petitions must be filed with the county board of elections on or before the time and date specified in G.S. 163-296 and must be signed by the number of qualified voters specified in G.S. 163-296. The procedure for certification shall be the same as specified in (1) above.
Upon compliance with the provisions of (1), (2), (3), or (4)
of this subsection, the board of elections with which the petitions and
affidavit have been timely filed shall cause the unaffiliated candidate's
name to be printed on the general election ballots in accordance with G.S.
163-140.
An individual whose name appeared on the ballot in a primary election preliminary to the general election shall not be eligible to have his name placed on the general election ballot as an unaffiliated candidate for the same office in that year."
Section 5.(c) G.S. 163-123(c)(1) reads as rewritten:
"(1) If the office is a
statewide office, file written petitions with the State Board of Elections
supporting his candidacy for a specified office. These petitions shall be filed
on or before noon on the 90th day before the general election. They shall be
signed by 500 qualified voters of the State. Before being filed with the
State Board of Elections, No later than 5:00 p.m. on the fifteenth day
preceding the date the petitions are due to be filed with the State Board of
Elections, each petition shall be presented to the board of elections of
the county in which the signatures were obtained. A petition presented to a
county board of elections shall contain only names of voters registered in that
county. The Provided the petitions are timely submitted, the chairman
of the county board of elections shall examine the names on the petition and
place a check mark by the name of each signer who is qualified and registered
to vote in his county. The chairman of the county board shall attach to the
petition his signed certificate. On his certificate the chairman shall state
that the signatures on the petition have been checked against the registration
records and shall indicate the number of signers who are qualified and
registered to vote in his county and eligible to vote for that office. The
chairman shall return each petition, together with the certificate required in
this section, to the person who presented it to him for checking. The chairman
of the county board shall complete the verification within two weeks from the
date the petition is presented. At the time of submitting the petition, a
fee of five cents (5¢) shall be paid for each name appearing on the petition."
- CLEANUP CHANGES AS A RESULT OF SESSION LAW 1999-31.
Section 6.(a) G.S. 163-278.6(14) reads as rewritten:
"(14) The term 'political committee' means a
combination of two or more individuals, or such as any person,
committee, association, organization, or other entity that makes, or accepts
anything of value to make, contributions or expenditures and has one or more of
the following characteristics:
a. Is controlled by a candidate;
b. Is a political party or executive committee of a political party or is controlled by a political party or executive committee of a political party;
c. Is created by a corporation, business entity, insurance company, labor union, or professional association pursuant to G.S. 163-278.19(b); or
d. Has as a major purpose to support or oppose the nomination or election of one or more clearly identified candidates.
Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party.
An entity is rebuttably presumed to have as a major purpose to support or oppose the nomination or election of one or more clearly identified candidates if it contributes or expends or both contributes and expends during an election cycle more than three thousand dollars ($3,000). The presumption may be rebutted by showing that the contributions and expenditures giving rise to the presumption were not a major part of activities of the organization during the election cycle. Contributions to referendum committees and expenditures to support or oppose ballot issues shall not be facts considered to give rise to the presumption or otherwise be used in determining whether an entity is a political committee.
If the entity qualifies as a `political committee' under sub-subdivision a., b., c., or d. of this subdivision, it continues to be a political committee if it receives contributions or makes expenditures or maintains assets or liabilities. A political committee ceases to exist when it winds up its operations, disposes of its assets, and files its final report."
Section 6.(b) G.S. 163-278.6(18b) reads as rewritten:
"(18b) The term 'referendum committee' means a
combination of two or more individuals or any business entity, corporation,
insurance company, labor union, professional association, such as a committee,
association, or organization, or other entity or a combination of two
or more business entities, corporations, insurance companies, labor unions, or
professional associations such as a committee, association, organization, or
other entity the primary or incidental purpose of which is to
support or oppose the passage of any referendum on the ballot, or to
influence or attempt to influence the result of a referendum, or which
accepts contributions or makes expenditures for the purpose of influencing or
attempting to influence the outcome of any referendum, or which receives
contributions to repay loans or cover a deficit, or which makes expenditures to
satisfy obligations of a referendum already held. ballot. If the entity
qualifies as a 'referendum committee' under this subdivision, it continues to
be a referendum committee if it receives contributions or makes expenditures or
maintains assets or liabilities. A referendum committee ceases to exist when it
winds up its operations, disposes of its assets, and files its final report."
Section 6.(c) G.S. 163-278.23 reads as rewritten:
"§ 163-278.23. Duties of Executive Secretary-Director of Board.
The Executive Secretary-Director of the Board shall inspect
or cause to be inspected each statement filed with the Board under this Article
within 30 days after the date it is filed. The Executive Secretary-Director
shall advise, or cause to be advised, no more than 30 days and at least five
days before each report is due, each candidate or treasurer whose
organizational report has been filed, of the specific date each report is due.
He shall immediately notify any individual, candidate, treasurer, political
committee, referendum committee, or media media, or other entity that
may be required to file a statement under this Article if:
(1) It appears that the
individual, candidate, treasurer, political committee, referendum committee
or media committee, media, or other entity has failed to file a
statement as required by law or that a statement filed does not conform to this
Article; or
(2) A written complaint is
filed under oath with the Board by any registered voter of this State alleging
that a statement filed with the Board does not conform to this Article or to
the truth or that an individual, candidate, treasurer, political committee,
referendum committee or media committee, media, or other entity has
failed to file a statement required by this Article.
The entity that is the subject of the complaint will be given an opportunity to respond to the complaint before any action is taken requiring compliance.
The Executive Secretary-Director of the Board of Elections
shall issue written rulings to candidates and may issue written rulings to candidates,
the communications media, political committees, and referendum committees
committees, or other entities upon request, regarding filing
procedures and compliance with this Article. Any such ruling so issued shall
specifically refer to this paragraph. If the candidate, communications media,
political committees, or referendum committees committees, or
other entities rely on and comply with the ruling of the Executive
Secretary-Director of the Board of Elections, then prosecution on account of
the procedure followed pursuant thereto and prosecution for failure to comply
with the statute inconsistent with the written ruling of the Executive
Secretary-Director of the Board of Elections issued to the candidate or
committee involved shall be barred. Nothing in this paragraph shall be
construed to prohibit or delay the regular and timely filing of reports."
Section 6.(d) This section is effective when this act becomes law.
- CORRECTING MISCITATIONS AND OTHER TECHNICAL ERRORS IN THE ELECTIONS STATUTES.
Section 7.(a) G.S. 163-22(e) reads as rewritten:
"(e) The State Board of
Elections shall determine, in the manner provided by law, the form and content
of ballots, instruction sheets, pollbooks, talley sheets, abstract and return
forms, certificates of election, and other forms to be used in primaries and elections.
The Board shall furnish to the county and municipal boards of elections
the registration application forms required pursuant to G.S. 163-67. 163-82.3.
The State Board of Elections shall direct the county boards of elections to
purchase a sufficient quantity of all forms attendant to the registration and
elections process. In addition, the State Board shall provide a source of
supply from which the county boards of elections may purchase the quantity of
pollbooks needed for the execution of its responsibilities. In the
preparation of ballots, pollbooks, abstract and return forms, and all other
forms, the State Board of Elections may call to its aid the Attorney General of
the State, and it shall be the duty of the Attorney General to advise and aid
in the preparation of these books, ballots and forms."
Section 7.(b) G.S. 163-33(10) reads as rewritten:
"(10) To appoint and remove the board's
clerk, assistant clerks, and other employees; and to appoint and remove
precinct transfer assistants as provided in G.S. 163-72.3. 163-82.15(g)."
Section 7.(c) G.S. 163-82.4(b) reads as rewritten:
"(b) Notice of Requirements, Attestation, Notice of Penalty, and Notice of Confidentiality. - The form required by G.S. 163-82.3(a) shall contain, in uniform type, the following:
(1) A statement that
specifies each eligibility requirement (including citizenship) and an
attestation that the applicant meets each such requirement, with a requirement
for the signature of the applicant, under penalty of a Class I felony under
G.S. 163-275(a). 163-275(4).
(2) A statement that, if the applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
(3) A statement that, if the applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes."
Section 7.(d) G.S. 163-82.4(c) reads as rewritten:
"(c) Party Affiliation or
Unaffiliated Status. - The application form described in G.S. 163-82.3(a) shall
provide a place for the applicant to state a preference to be affiliated with
one of the political parties in G.S. 163-96, or a preference to be an
"unaffiliated" voter. Every person who applies to register shall
state his preference. If the applicant fails to declare a preference for a
party or for unaffiliated status, that person shall be listed as
"unaffiliated", except that if the person is already registered to
vote in the county and that person's registration already contains a party
affiliation, the county board shall not change the registrant's status to
"unaffiliated" unless the registrant clearly indicates a desire in accordance
with G.S. 163-82.17 for such a change. An unaffiliated registrant shall not be
eligible to vote in any political party primary, except as provided in G.S. 163-116,
163-119, but may vote in any other primary or general election. The
application form shall so state."
Section 7.(e) G.S. 163-111(e) reads as rewritten:
"(e) Date of Second Primary; Procedures. - If a second primary is required under the provisions of this section, the appropriate board of elections, State or county, shall order that it be held four weeks after the first primary.
There shall be no registration of voters between the dates of
the first and second primaries. Persons whose qualifications to register and
vote mature after the day of the first primary and before the day of the second
primary may register on the day of the second primary and, when thus
registered, shall be entitled to vote in the second primary. The second primary
is a continuation of the first primary and any voter who files a proper and
timely affidavit of transfer of precinct, under the provisions of G.S. 163-72(c),
163-82.15, before the first primary may vote in the second primary
without having to refile the affidavit of transfer if he is otherwise qualified
to vote in the second primary. Subject to this provision for registration, the
second primary shall be held under the laws, rules, and regulations provided
for the first primary."
Section 7.(f) G.S. 163-150(a) reads as rewritten:
"(a) Checking
Registration. - A person seeking to vote shall enter the voting enclosure at
the voting place through the appropriate entrance and shall at once state his
name and place of residence to one of the judges of election. In a primary
election, the voter shall also state the political party with which he
affiliates and in whose primary he desires to vote, or if the voter is an
unaffiliated voter permitted to vote in the primary of a particular party under
G.S. 163-116, 163-119, the voter shall state the name of the
authorizing political party in whose primary he wishes to vote. The judge to
whom the voter gives this information shall announce the name and residence of
the voter in a distinct tone of voice. After examining the precinct
registration records, the chief judge shall state whether the person seeking to
vote is duly registered."
Section 7.(g) G.S. 163-150(b) reads as rewritten:
"(b) Distribution of
Ballots; Information. - If the voter is found to be registered and is not
challenged, or, if challenged and the challenge is overruled as provided in
G.S. 163-88, the responsible judge of election shall hand him an official
ballot of each kind he is entitled to vote. In a primary election the voter
shall be furnished ballots of the political party with which he affiliates and
no others, except that unaffiliated voters who are permitted to vote in a party
primary under G.S. 163-116 163-119 shall be furnished ballots for
that primary. No such unaffiliated voter shall vote in the primary of more than
one party on the same day. It shall be the duty of the chief judge and judges
holding the primary or election to give any voter any information he desires in
regard to the kinds of ballots he is entitled to vote and the names of the
candidates on the ballots. In response to questions asked by the voter, the
chief judge and judges shall communicate to him any information necessary to
enable him to mark his ballot as he desires."
Section 7.(h) G.S. 163-274(13) reads as rewritten:
"(13) Except as authorized by G.S. 163-72.2(b),
163-82.15, for any person to provide false information, or sign the
name of any other person, to a written report under G.S. 163-72.2. 163-82.15."
Section 7.(i) G.S. 163-275(14) reads as rewritten:
"(14) For any officer authorized by G.S.
163-80 to register voters and any other individual to knowingly and
willfully receive, complete, or sign an application to register from any voter
contrary to the provisions of G.S. 163-72; 163-82.4; or".
Section 7.(j) G.S. 163-213.2 reads as rewritten:
"§ 163-213.2. Primary to be held; date; qualifications and registration of voters.
On the Tuesday after the first Monday in May, 1992, and every four years thereafter, the voters of this State shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party.
Any person otherwise qualified who will become qualified by
age to vote in the general election held in the same year of the presidential
preference primary shall be entitled to register and vote in the presidential
preference primary. Such persons may register not earlier than 60 days
nor later than the last day for making application to register under G.S. 163-67
163-82.6 prior to the said 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."
Section 7.(k) G.S. 163-253 reads as rewritten:
"§ 163-253. Article inapplicable to persons after change of status; reregistration required.
Upon discharge from the armed forces of the United States or
termination of any other status qualifying him to register and vote by absentee
ballot under the provisions of this Article, the voter shall not be entitled to
vote by military absentee ballot, and if he was registered under the provisions
of this Article his registration shall become void and he shall be required to
register under the provisions of Article 7 7A before being
entitled to vote in any primary or election."
Section 7.(l) G.S. 163-254 reads as rewritten:
"§ 163-254. Registration and voting on primary or election day.
Notwithstanding any other provisions of Chapter 163 of the
General Statutes, any person entitled to vote an absentee ballot pursuant to
G.S. 163-245 shall be permitted to register in person at any time including the
day of a primary or election. Should such person's eligibility to
register or vote as provided in G.S. 163-245 terminate after the registration
records have closed twenty-fifth day prior to a primary or election,
such person, if he appears in person, shall be entitled to register if
otherwise qualified during the time the records are closed, after the
twenty-fifth day before the primary or election, or on the primary or
election day, and shall be permitted to vote if such person is otherwise
qualified."
Section 7.(m) G.S. 163-278.8(f) reads as rewritten:
"(f) All expenditures for
nonmedia expenses (except postage) of more than fifty dollars ($50.00) shall be
made by check only. All expenditures for nonmedia expenses of fifty dollars
($50.00) or less may be made by check or by cash payment. All nonmedia
expenditures of more than fifty dollars ($50.00) shall be accounted for and
reported individually and separately, but expenditures of less than fifty
dollars ($50.00) or less may be accounted for and reported in an
aggregated amount, but in that case the treasurer shall account for and report
that he made expenditures of less than fifty dollars ($50.00) or less
each, the amounts, dates, and the purposes for which made. In the case of a
nonmedia expenditure required to be accounted for individually and separately
by this subsection, if the expenditure was to an individual, the report shall
list the name and address of the individual."
Section 8. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 12th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 10:39 p.m. this 5th day of August, 1999