GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION

CHAPTER 583
HOUSE BILL 985

AN ACT TO REMOVE THE REQUIREMENT THAT AN ABSENTEE BALLOT BE NOTARIZED AND SUBSTITUTE A REQUIREMENT THAT IT BE WITNESSED BY AT LEAST TWO PERSONS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 163-231(a1) is repealed.
Sec. 2.  G.S. 163-231(a) reads as rewritten:
"(a)	Procedure for Voting Absentee Ballots.  In the presence of two other persons who are at least 18 years of age, the voter shall:
(1)	Mark his ballots, or cause them to be marked by one of such persons in his presence according to his instruction;
(2)	Fold each ballot separately, or cause each of them to be folded in his presence;
(3)	Place the folded ballots in the container-return envelope and securely seal it, or have this done in his presence;
(4)	Make the certificate printed on the container-return envelope according to the provisions of G.S. 163-229(b).
The persons in whose presence the ballot was marked shall sign the certificate as witnesses, and shall indicate their address. When thus executed, the sealed container-return envelope, with the ballots enclosed, shall be transmitted in accordance with the provisions of subsection (b) of this section to the chairman of the county board of elections who issued the ballots.
."
Sec. 3.  G.S. 163-229(b)(2) reads as rewritten:
"(2)	On the other side shall be printed the return address of the chairman of the county board of elections and the following certificate:
"Certificate of Absentee or Sick Voter
State of .................................................
County of ................................................
I, ............., do certify that I am a resident and registered voter in ........ precinct, .............. County, North Carolina; that on the day of an election, ............., 19 .... (check whichever of the following statements is correct.)
[]  I will be absent from the county in which I reside.
[]  Due to sickness or physical disability, or incarceration as a misdemeanant, I will be unable to travel to the voting place in the precinct in which I reside.
I further certify that I made application for absentee ballots, and that I marked the ballots enclosed herein, or that they were marked for me in my presence and according to my instructions.  I understand it is a felony to falsely sign this certificate.

........................................
(Signature of voter)

............................................	.............................................
Signature of Witness #1	Signature of Witness #2

...........................................	...........................................
Address of Witness #1	Address of Witness #2

))
Sec. 4. G.S. 163-227.2(c) reads as rewritten:
"(c)	If the application is properly filled out, the chairman, member, supervisor of elections of the board, or employee of the board of elections, authorized by the board, shall enter the voter's name in the register of absentee ballot applications and ballots issued; shall furnish the voter with the instruction sheets called for by G.S. 163-229(c); shall furnish the voter with the ballots to which the application for absentee ballots applies; and shall furnish the voter  with a container-return envelope. The voter thereupon shall comply with the provisions of G.S. 163-231(a) except that he shall deliver the container-return envelope to the chairman, member, supervisor of elections of the board, or an employee of the board of elections, authorized by the board, immediately after making and subscribing the certificate printed on the container-return envelope as provided in G.S. 163-229(b). All actions required by this subsection shall be performed in the office of the board of elections. For the purposes of this section only, the chairman, member, supervisor of elections of the board, or full-time employee, authorized by the boardshall sign the application and certificate as the witness and indicate the official title held by him or her.  Notwithstanding G.S. 163-231(a), in the case of this subsection, only one witness shall be required on the certificate."
Sec. 5.  G.S. 163-248(c)(2) reads as rewritten:
"(2)	On the other side shall be printed the return address of the chairman of the county board of elections and the following certificate:
'Certificate of Absentee Voter
I, ......................, do hereby certify that I am a resident and qualified voter in ............... precinct, ........... County, North Carolina, and that I am [check whichever of the following statements is correct]
[] Serving in the armed forces of the United States
[] The spouse of a member of the armed forces of the United States residing outside the county of my spouse's residence
[] A disabled war veteran in a United States government hospital
[] A civilian attached to and serving outside the United States with the armed forces of the United States
[] A member of the Peace Corps
I further certify that I am affiliated with the ........ Party. [To be completed only if applicant seeks to vote in the primary of the political party to which he belongs.]
I further certify that the following is my official address:
............................................................  
[Unit (Co., Sq., Trp., Bn., etc.), Governmental Agency, or Office] 
...............................................................   
[Military Base, Station, Camp, Fort, Ship, Airfield, etc.]
............................................................
              [Street number, APO, or FPO number]
............................................................
              [City, postal zone, State, and zip code]
I further certify that I made application for absentee ballots and that I marked the ballots enclosed herein, or that they were marked for me in my presence and according to my instruction. I understand it is a felony to falsely sign this certificate.
Witness my hand in the presence of ........ [Insert names and addresses of witnesses] this ...... day of............, 19......
...............................................................  
                                   (Signature of voter)
Signature of witness #1..................................
Address of witness #1 .............................
Signature of witness #2.............................
Address of witness #2...............................
Note: This certificate must be witnessed by any two persons who are 18 years of age or older, and must contain their signatures and addresses."
Sec. 6.  G.S. 163-250(a) is rewritten to read:
"(a)	Procedure for Voting Absentee Ballots.  In the presence  of two persons who are at least 18 years of age, the voter shall:
(1)	Mark his ballots, or cause them to be marked by one of such persons in his presence according to his instructions.
(2)	Fold each ballot separately, or cause each of them to be folded in his presence.
(3)	Place the folded ballots in the container-return envelope and securely seal it, or have this done in his presence.
(4)	Make and subscribe the certificate printed on the container-return envelope according to the provisions of G.S. 163-248(c).
The persons in whose presence the ballots were marked shall sign the  certificate as witnesses, and shall give their addresses."
Sec. 7.  G.S. 163-275(16) is rewritten to read:
"(16)	For any person falsely to make the certificate provided  by G.S. 162-229(b)(2) or G.S. 163-250(a)."
Sec. 8.  G.S. 163-226.3(a)(5) is repealed.
Sec. 9.  G.S. 163-274 is amended by adding a new subdivision to read:
"(5a)	For any person to be a witness under G.S. 163-231(a) or G.S. 163-250(a) in any primary or election in which the person is a candidate for nomination or election;".
Sec. 10.  G.S. 163-226.3(a)(7) reads as rewritten:
"(7)	Except as provided in subsections (1), (2), (3), and (4) of this section, G.S. 163-231(a), G.S. 163-250(a), and G.S. 163-227.2(e), for any voter to permit another person to assist him in marking his absentee ballot, to be in the voter's presence when a voter votes an absentee ballot, or to observe the voter mark his absentee ballot."
Sec. 11.  This act shall become effective with respect to elections held on or after January 1, 1988.
In the General Assembly read three times and ratified this the 9th day of July, 1987.