NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 457
SENATE BILL 10

AN ACT TO AMEND ARTICLES 10 AND 11 OF CHAPTER 163 OF THE GENERAL STATUTES OF NORTH CAROLINA RELATING TO ABSENTEE VOTING.

The General Assembly of North Carolina do enact:

Section 1.  That all of G.S. 163-54 be rewritten to read as follows:
"§ 163-54.  Who May Vote an Absentee Ballot. Any qualified voter of the State who expects to be absent from the county in which he is a qualified elector during the entire period that the polls are open on the day of a State-wide general election; or who because of sickness or other physical disability will be unable to be present at the polls to vote in person on the day of a State-wide general election, may vote at such election in the manner as hereinafter provided in this Article."
Sec. 2.  That all of G.S. 163-55 be rewritten to read as follows:
"§ 163-55.  Application for Absentee Ballot; Form of Application. Any voter as defined in the foregoing Section expecting to vote an absentee ballot in any State-wide general election may apply for an absentee ballot not more than forty-five (45) days, nor after 6:00 o'clock P. M. on Wednesday, the fifth day prior to the election; provided that in the case of an unexpected illness or physical disability occurring to any elector after 6:00 o'clock P. M. on Wednesday, the fifth day before the election, up until 10:00 o'clock A. M. on Monday before the election, such elector may be able to apply for an absentee ballot in the manner hereinafter prescribed.
"(a)	Expected Absence From County on Election Day. Such voter expecting to be absent from the county of his or her residence during the entire period that the polls will be open on election day, shall apply in writing to the chairman of the county board of elections of applicant's residence, for an absentee ballot not more than forty-five (45), nor less than five (5) days, prior to the election. Such application shall be made on an application form to be furnished by the chairman of the county board of elections only, which application form shall be signed by the voter personally, and shall be sworn to before any officer with a seal who is authorized to administer an oath. Such officer shall sign the certificate at the bottom of the application and shall place his official seal thereon. The application form, when properly filled out, signed, sworn and certified to, shall be transmitted by mail or delivered in person by such voter to the chairman of the county board of elections of applicant's residence. The application form for use by such absent voter shall be as follows:
APPLICATION AND AFFIDAVIT FOR BALLOT BY ELECTOR WHO EXPECTS TO BE ABSENT FROM COUNTY ON ELECTION DAY
(Anyone falsifying this statement is subject to a fine or imprisonment, or both.)
(Issued to:)
Application No. _______________	________________________________
(To be filled in before issuance)
State of _________________
County of _______________________
I, ___________________, do solemnly swear that I am a registered voter residing in ___________________ precinct, ______________ township, in the County of _________, N.C., and that I am lawfully entitled to vote in such precinct at the general election to be held therein on the ________ day of _________, 19__; that I expect to be absent from the county of my residence during the entire period that the polls are open on the day of holding such general election, and that I will have no opportunity to vote in person on that day.
I hereby make application for an official ballot or ballots to be voted by me at such election, and I will return said ballot, or ballots, by mail or deliver same in person to the chairman of my county board of elections prior to 12:00 o'clock, Noon, on Saturday preceding such election.
__________________________________
(Signature of voter)
__________________________________
(P. O. Address to which
ballot is to be mailed)
Subscribed and sworn to by ________________, before me this ___________ day of __________, 19___.
__________________________________
(Signature of officer administering oath)
__________________________________
(Address of such officer)
(SEAL)
"(b)	Absence for Protracted Illness or Physical Disability Occurring More Than Five (5) Days Before the Election. Any voter expecting to be unable to go to the polls to vote in person on election day, either because of protracted illness or physical disability occurring more than five (5) days before the election, shall apply in writing to the chairman of the county board of elections of his or her residence for an absentee ballot. Such application shall be made within the time and in the manner as provided in subsection (a) above. The application form for such voter shall be as follows:
APPLICATION AND AFFIDAVIT FOR BALLOT BY ELECTOR WHO EXPECTS TO BE UNABLE TO GO TO POLLS BECAUSE OF PROTRACTED ILLNESS OR PHYSICAL DISABILITY OCCURRING MORE THAN FIVE (5) DAYS PRIOR TO ELECTION.
(Anyone falsifying this statement is subject to a fine or imprisonment, or both.)
(Issued to:)
Application No.________________	________________________________
(To be filled in before issuance)
State of North Carolina
County of ________________
I, ________________, do solemnly swear that I am a registered voter residing in _________________ precinct, __________________ township, in the County of _____________, N.C., and that I am lawfully entitled to vote in such precinct at the general election to be held therein on the __________ day of _________, 19__; that by reason of protracted illness or physical disability, to wit: _____________________________________________. I will be unable to travel from my 
(Give nature of illness or disability)
home, or place of confinement, to the voting place in my precinct on election day.
I hereby make application for an official ballot or ballots to be voted by me at such election, and I will return said ballot, or ballots, to the chairman of my county board of elections prior to 12:00 o'clock, Noon, on Saturday preceding such election.
__________________________________
(Signature of voter or applicant)
__________________________________
(P. O. Address to which ballot is to be mailed.)
Subscribed and sworn to by _______________________, before me this _________day of ______________, 19__.
(SEAL)
__________________________________
(Signature of officer administering oath)
"(c)	Absence Because of Illness or Physical Disability Arising After 6:00 O'clock P. M. on the Fifth Day Before Election. Any voter who becomes unable to go to the polls to vote in person on election day because of unexpected illness or physical disability, arising after 6:00 o'clock P. M. on the fifth day before the election, may apply in writing to the chairman of the county board of elections of his or her residence for an absentee ballot, not more than five (5) days prior to the election on an application form to be furnished by the chairman of the county board of elections only. The chairman shall not issue or accept such application after 10:00 o'clock A. M. on Monday preceding election day. The application form must be filled in and signed by the voter or by his or her husband, wife, brother, sister, parent or child only when voter's illness or disability has occurred within five (5) days before the election. The application form must be signed in the presence of a subscribing witness, and the certificate on the bottom of the application form must be filled in by an attending licensed physician in the State and signed by said physician in the presence of a subscribing witness, and containing the correct address of said certifying physician and witness. Such application form, when properly filled out, signed by the voter or applicant as herein provided, and his subscribing witness, with the signature of the attending physician and his subscribing witness, may be transmitted by such voter to the chairman of the county board of elections of his or her residence, by mail or by a member of voter's immediate family as above described. The application form for use by such voter shall be as follows:
APPLICATION AND CERTIFICATE OF PHYSICIAN FOR BALLOT BY SICK OR PHYSICALLY DISABLED VOTER WHO CANNOT ATTEND POLLS TO VOTE DUE TO UNEXPECTED ILLNESS OR PHYSICAL DISABILITY ARISING AFTER 6:00 O'CLOCK P.M. ON THE FIFTH DAY BEFORE THE ELECTION.
(Anyone falsifying this statement is subject to a fine or imprisonment, or both.)
(Issued to:)
Application No. __________________	__________________________________
(To be filled in before issuance)
State of ___________________
County of ____________________
I, ____________________, do hereby certify that I am a registered voter residing in ___________________ precinct, _______________ township, in the County of _________________, N.C., and that I am lawfully entitled to vote in such precinct at the general election to be held therein on the ___________day of _______________, 19___; that by reason of unexpected illness, or other physical disability arising since 6:00 o'clock P. M. last Wednesday, I will be unable to travel from my home, or place of confinement, to the voting place in my precinct on election day.
I hereby make application for an official ballot, or ballots, to be voted by me at such election, and I will transmit said ballot, or ballots, to the chairman of the county board of elections of my county prior to 3:00 o'clock P. M. on election day.
This __________ day of _______________, 19____.
____________________________________
(Signature of voter or applicant)
____________________________________
(Address to which ballot to be delivered)
____________________________________
(Relationship of person applying for voter
if not signed by voter)
Witness: ________________________________
(Signature of witness)
________________________________________
(Address of witness)
State of __________________________
County of ________________________
I, ___________________, do hereby certify that I am a physician, duly licensed to practice medicine in the State of ________________________; that I have examined__ ____________on _____________for a sudden illness or physical disability occurring since
(voter's name)	(date)
6:00 o'clock P. M. last Wednesday, and that I believe that he (or she) will be physically incapable of being at the polls at said election on the _______ day of ___________, 19___, for the following reasons: ___________________________________________
This ______________ day of ____________, 19___.
____________________________________
(Signature of physician)
____________________________________
(Address of physician)
Witness: _______________________________
(Signature of witness)
_______________________________________
(Address of witness)
"(d)	Application Forms Issued by Chairman Only; Procedure. The chairman of the county board of elections shall keep all absentee ballot applications in his custody and shall issue no more than one to a voter unless the application is returned to the chairman and marked 'void' by him. In such event, the chairman may issue another application form to an authorized person, but the chairman shall retain the 'void' application in his records. At the time of issuance of an application, the chairman shall number the application and shall write the voter's name in the space provided therefor at the top of the application. The chairman may deliver the application to the voter personally at the office of the county board of elections, or he may mail the application to an absent voter upon receipt of written request from the voter. The chairman shall not entrust any other person to deliver an application to the voter, nor shall he mail an application to a voter who has not made written request for such application, except as provided in this Article.
"(e)	Applications and Absentee Ballots Transmitted by Mail or in Person. An application for an absentee ballot may be made only by the voter applying for same, and shall be valid only when transmitted by the voter in person, or by the United States mail to the county board of elections. No other person shall make or sign any application for a voter except as herein provided. Likewise, all absentee ballots approved and issued by the county board of elections shall be transmitted by it to the voter applying for same in person or, by mail to the post office address set out in the application. Likewise, all executed absentee ballots returned to the county board shall be transmitted by the voter in person or by mail addressed to the chairman of the county board of elections and must be received by the chairman of the county board of elections not later than 12:00 o'clock Noon on the Saturday just preceding the State-wide general election to be accepted for voting: Provided, that the provisions of (c) above shall apply as to voters who become unexpectedly ill or disabled within five (5) days of the election and such absentee ballots may be received by the chairman up to 3:00 o'clock P. M. on election day. Upon the approval of the application of voter having unexpected illness or physical disability arising within five (5) days of the election, the sealed envelope containing the absentee ballots may be delivered to the voter by a member of the voter's immediate family, and may also be delivered back to the chairman by a member of the voter's immediate family.
"The time limit herein provided .for applications to be made for absentee ballots is not applicable to servicemen."
Sec. 3.  That all of G.S. 163-56 be rewritten to read as follows:
"§ 163-56.  Procedure for Issuance of Absentee Ballot by County Board. The procedure to be followed in receiving, passing upon the validity of the application, and the issuance of the absentee ballots to the absent voter shall be as follows:
"(a)	Record of Applications Received and Ballots Issued. Upon receipt of the written application from a voter applying for an absentee ballot, provided it is received within the time prescribed in the foregoing Section, the chairman of the county board of elections shall promptly enter on the Register of Absentee Applications and Ballots Issued supplied to him by the State Board of Elections for the purpose, the following information with respect to numbers 1 through 6 below:
1.	Name of voter applying for absentee ballot.
2.	Number of the application.
3.	Precinct in which applicant is registered.
4.	Address to which ballot to be mailed.
5.	Reason assigned for request for ballot.
6.	Date of receipt of application.
7.	Approval or disapproval of application by county board of elections and date of same.
8.	Date absentee ballots mailed or delivered to voter if approved by board.
(7 and 8 above to be completed after application is approved or disapproved by county board.)
"(b)	Determination of Validity of Applications by County Board of Elections. The county board of elections in each county shall constitute the proper official body to pass upon the validity of all applications for absentee ballots, and not just the chairman of said board. Between the time when an application may be first made by an absent voter forty-five (45) days prior to a State-wide general election, and when the time closes for voters to apply five (5) days before such election, the county board of elections shall hold public meetings weekly at 10:00 o'clock A. M. on each Monday and Friday, and on Monday preceding election day at 10:00 o'clock A. M., at the courthouse or office of said board, to pass upon all absentee applications received by the board or chairman. It will not be necessary for the chairman to give notice of each such weekly meetings to the members of the board, as the time and place is fixed by Statute. At such meetings any elector of the county may be heard and allowed to present evidence in opposition to, or in favor of, the issuance of an absentee ballot to the voter making application therefor. The chairman shall present to the board meeting the applications received during the preceding week, together with the container envelope, provided that where said application was delivered in person by the voter, only the application shall be presented to the board. The county board of elections, by a majority vote, shall pass upon the validity of each application received for an absentee ballot, and only the applications so approved shall be accepted for absentee voting purposes. The chairman of the county board of elections shall note on the Register of Absentee Applications opposite the name of each applicant whether such application was approved or disapproved by the county board of elections at its last weekly meeting held for the purpose, and also the date when the absentee ballot was mailed or delivered to absent voter, if approved. The board may consider the registration book evidence of the voter's signature, or other evidence that may be necessary to pass upon such applications. The decision of the county board of elections on the validity of such applications shall be final, subject only to such review as may be necessary in the event of an election contest, and in the event an application for a ballot previously voted in person by a voter, shall be declared invalid, such ballot voted pursuant thereto, shall be void subject only to such review as hereinabove provided.
"(c)	Delivery of Absentee Ballots and Envelopes to Applicant. If the board shall find that the applicant is a qualified voter of the county and precinct containing his or her residence as stated in the application, and that the application of the voter is in proper form, the chairman of the board shall, by mail only, except as is otherwise provided herein, transmit to the applicant at the address designated by the voter on the application, an official ballot of each kind to be used in said election. Before mailing or delivering same to the voter, the chairman shall write or type on the top margin of each kind of regular ballot the following: 'Absentee Ballot No. ________', filling in the number which shall be the same number of such voter's application as entered on the Register of Absentee Applications. This number as entered on each ballot issued shall be for the purpose of identifying the voter of such ballot in the event of a contest. No other writing or printing or signing of the ballot for absentee voting purposes shall appear on the ballot. Separate absentee ballots shall not be printed, as only the regular official ballots as are to be voted by electors yoting in person shall be used for absentee voting. The chairman of the county board of elections shall fold and enclose each kind of such absentee ballots, after filling out the number on the top margin of each one, in the container-return envelope as provided for in the following Section, and leave such envelope unsealed. He shall then put the return envelope inside of another mailing envelope, addressed to the voter, and seal same. The chairman shall also enclose with the absentee ballot a printed sheet of instructions to the voter on how voter is to vote the ballots and return them to the county board. Except where previously delivered to and voted by the absent voter, all such absentee ballots shall be mailed promptly to each applicant by the chairman after approval of same by the board. All postage needed for the mailing of all absentee ballots to the voter shall be supplied by the board. All return postage shall be supplied by the voter."
Sec. 4.  That G.S. 163-57 be amended by striking out from the affidavit appearing therein the words "or same was made for me by some member of my immediate family,". Provided, that the provisions of G.S. 163-58, permitting the absentee voter to mark the ballots or cause the same to be marked in his presence and according to his instructions, are in no sense abrogated, but are specifically approved and confirmed.
Sec. 5.  That G.S. 163-58 be amended by striking out from lines six and seven thereof the following "and shall sign or cause to be signed on the back or margin of said ballot, or ballots, his or her name;"; and that this Section be further amended by changing the comma to a period after the word "ballot" in line thirteen thereof, and by striking out the remainder of that portion of the Section beginning after the word "ballot" in line thirteen and ending on line twenty with the word "counted:".
Sec. 6.  That G.S. 163-59 be amended by striking out from lines sixteen and seventeen thereof, as contained in the certificate, the words "personally, or a member of his, or her, immediate family, or".
Sec. 7.  That G.S. 163-60 be rewritten to read as follows:
"§ 163-60.  Absentee Ballots with List of Same for Each Precinct Delivered to Registrars on Election Morning; Copy Mailed to State Board of Elections. On the morning of the day of a general election the chairman of the county board of elections shall deliver, or cause to be delivered, to each registrar in the county two copies of a list of all of the absentee ballots received by him from absent voters for such precinct, and at the same time there shall be delivered to the registrars all of the absentee container-return envelopes unopened for such precinct which the chairman has received back from the voters. The registrar shall post one copy of said list of absentee voters in a public place at the polls by Noon on election day. The registrar shall retain the other copy of said list until all challenges of absentee ballots have been heard. On election day the chairman of the county board of elections shall mail or cause to be mailed to the State Board of Elections one copy of the list of absentee ballots received by him."
Sec. 8.  That G.S. 163-61 be rewritten to read as follows:
"§ 163.61.  Ballots Deemed Voted Upon Delivery to Precinct Officials; Opening, Depositing and Recording; Rejected Ballots; Challenges. Absent voters' ballots shall be deemed to be voted when delivered to the precinct officials unless it shall appear that the affidavit and jurat, or either, are not in due form, in which event, the ballot shall not be voted, nor counted. Immediately upon the closing of the polls for the voting of voters in person, the recording of the absent voters' names on the poll book and depositing the ballot in the ballot box shall be begun and the procedure shall be as follows:
"(1)	The name of the voter as it appears on the affidavit on the envelope shall be called by one of the judges of elections. If it be found that he is a registered and qualified voter of the precinct, and no challenge is offered to the vote, the name shall then be recorded in the poll book with the notation 'Absent Voter'. A judge of elections shall then open the envelope by slitting it with a sharp instrument in such manner as not to destroy, tear or obliterate any part of the affidavit. The ballot shall then be removed from the envelope without unfolding the same so as to disclose how the ballot is marked, and such ballot, without examination as to how it is marked, shall be deposited in the appropriate ballot box as other ballots are deposited; provided, however, that if the affidavit and jurat are not in due form, or the voter did not sign his name on the affidavit on the envelope, or the officer's seal is not affixed, said ballot shall not be deposited in the ballot box, nor counted, but returned to its envelope and marked 'rejected'.
"(2)	If an absent voter's ballot is challenged and the challenge is sustained, the ballot shall be returned to its envelope and marked 'Challenge Sustained' and returned as provided for the return of rejected ballots.
	"All envelopes shall be carefully preserved and, with the ballots marked 'Rejected' and 'Challenge Sustained', shall be filed with the chairman of the county board of elections at the time the returns from said precinct are filed, and shall be preserved intact by the chairman for a period of six (6) months, or longer if any contests shall then be pending concerning the validity of any of the absentee ballots so delivered to him."
Sec. 9.  That G.S. 163-64 be repealed and the following be substituted therefor:
"§ 163-64.  Absentee Voting Where Voting Machines are Used. In all counties and precincts in which voting machines are used, all of the provisions of this Article relating to absentee voting shall apply. Paper ballots shall be printed for use in absentee voting in such counties and used in the same manner as in counties not using voting machines, except after the absentee ballots are counted in each precinct upon the closing of the polls, the absentee vote shall be added to the totals for each candidate or proposition as shown on the voting machines, and the combined total entered on the official precinct returns for the precinct. The absentee ballots and envelopes shall be returned by the registrars to the county board of elections on canvass day."
Sec. 10.  That G.S. 163-67 be amended by striking out the period after the word "same" in line seven thereof and then by adding thereto the following: "for his or her own personal use, and not for the use of others."
Sec. 11.  That Article 10 of the General Statutes of North Carolina be amended by adding after Section 163-69 another Section to be known as Section 163-69.1, to read as follows:
"§ 163-69.1.  Article 11 and 11A Relating to Voting by Servicemen Not Applicable. Except as therein otherwise provided, Articles 11 and 11A of Chapter 163 of the General Statutes of North Carolina relating to absentee registration and voting by servicemen shall not be applicable to the provisions of this Article."
Sec. 12.  That G.S. 163-71 of Article 11 be amended by deleting from lines 4 and 5 of the first paragraph thereof the following: "or signed in his name by a member of his immediate family (wife, brother, sister, parent or child)"; and further amending said Section by deleting from line 2 of the third paragraph the words "or the immediate family of such"; and also amend paragraph three by adding a period after the word "voter" in line 4, and by deleting the words "or signed in his name by a member of his immediate family as herein defined."
Sec. 13.  That G.S. 163-72 be rewritten so that the same shall read as follows:
"§ 163-72.  Primary Ballot Mailed to Applicant. The chairman of the county board of elections shall register said application in the chairman's Absentee Register of Absentee Military Applications, and if the application is in proper form the said chairman shall then write or type on the top of each kind of primary ballot being used in such primary election the words 'Absentee Ballot No ', filling in the proper number of the application, and enclose said ballots in a container-return envelope, together with a sheet of instructions to voter, unsealed, and then place the said envelope in another mailing envelope and mail same direct to the applicant voter to the same address furnished by the absent voter."
Sec. 14.  That G.S. 163-73 be rewritten to read as follows:
"§ 163-73.  Envelope for Return of Primary Ballots; Form of Certificate on Envelope. The return envelope which the chairman shall send to the serviceman who applied for a primary absentee ballot to vote in the next State-wide primary election shall bear on one side thereof, written by said chairman, the name of the voter, the number of the application, and the precinct in which the ballot is to be voted, and on the other side on the face of the envelope the return address of the chairman, together with a printed certificate as follows:
"PRIMARY ELECTION
Certificate of Serviceman
I, _______________, a duly qualified Democrat — Republican (Strike out whichever is inappropriate) voter in _________________ precinct, ___________County, do hereby certify that I am a qualified voter of said precinct; that I am in the Armed Forces of the United States, a member of _________________Company or Unit, and I am mailing this ballot duly marked by me to the chairman of the county board of elections of the county of my residence to be voted in the forthcoming primary of said party.
Witness my hand in the presence of _________________ officer this the ________ day of _________, 19___.
____________________________________
(Signature of voter)
Witness: _________________________
(Signature of officer)
__________________________________
(Title and unit of officer)
Note: May be witnessed by any commissioned or non-commissioned officer of the rank of sergeant in the Army, or petty officer in the Navy, or the equivalent thereof."
Sec. 15.  That G.S. 163-74 be rewritten to read as follows:
"§ 163-74.  Voting of Primary Ballots by Servicemen. Upon the receipt of his absentee ballot by mail from the chairman the voter shall vote same by properly marking the ballot in the presence of any commissioned or noncommissioned officer of the rank of sergeant in the Army, or petty officer in the Navy, or the equivalent thereof. The voter shall then enclose the ballot in the container-return envelope, seal the envelope, and sign his name on the certificate printed on the face of the envelope in the presence of the subscribing officer, which officer shall also sign as a witness in the place provided therefor at the bottom of the certificate on the envelope. The voter shall then mail the said container-return envelope to the chairman of the county board of elections. The chairman of the county board of elections on the day of the primary election shall deliver all such primary absentee ballot envelopes received by him unopened to the registrar of the proper precincts. Except as is herein provided, the provisions of Article 10 shall apply as to the manner of depositing and voting of such primary absentee ballots, the counting and certifying the results, etc."
Sec. 16.  That G.S. 163-77.1, as found in Volume 3C of the 1961 Cumulative Supplement to the General Statutes, is amended by adding after the word "forces," in line 5 of the second paragraph thereof the following words "and members of the United States Peace Corps,".
Sec. 17.  That all laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 18.  That this Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 21st day of May, 1963.