GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-337
AN ACT to remove the excuse requirement from absentee voting.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163-226 reads as rewritten:
"§ 163-226. Who may vote an absentee ballot.
(a) Who May Vote Absentee
Ballot; Generally. - Any qualified voter of the State may vote by absentee
ballot in a statewide primary, general, or special election on constitutional
amendments, referenda or bond proposals, and any qualified voter of a county is
authorized to vote by absentee ballot in any primary or election conducted by
the county board of elections, in the manner provided in this Article if:
(1) The voter
expects to be absent from the county in which he is registered during the
entire period that the polls are open on the day of the specified election in
which the voter desires to vote;
(2) The voter is
unable to be present at the voting place to vote in person on the day of the
specified election in which the voter desires to vote because of the voter's
sickness or other physical disability;
(3) The voter is
incarcerated, whether in the voter's county of residence or elsewhere, shall be
entitled to vote by absentee ballot in the county of the voter's residence in
any election, specified herein, in which the voter otherwise would be entitled
to vote. Absentee voting shall be in the same manner as provided in this
Article. The chief custodian or superintendent of the institution or other
place of confinement shall certify that the applicant is not a felon, and the
certification shall be as prescribed by the State Board of Elections. The State
Board of Elections is authorized to prescribe procedures to carry out the
intent and purpose of this subsection;
(3a) The voter because of
the observance of a religious holiday pursuant to the tenets of the voter's
religion will be unable to cast a ballot at the polling place on the day of the
election; or
(4) The voter is
an employee of the county board of elections or a precinct official, observer,
or ballot counter, in another precinct and the voter's assigned duties on the
day of the election will cause the voter to be unable to be present at the
voting place to vote in person and provided such employee has the application
witnessed by the chairman of the county board of elections. Article.
(a1) No-Excuse Absentee
Voting for One-Stop in General Elections Only. - The only type of absentee
voting that is not subject to the excuse requirements of subsection (a) of this
section is one-stop voting as provided in G.S. 163-227.2 for elections held on
the day of the general elections in November of even-numbered years.
(b) Absentee Ballots; Exceptions. - Notwithstanding the authority contained in G.S. 163-226(a), absentee ballots shall not be permitted in fire district elections.
(c) The Term 'Election'. - As used in this Subchapter, unless the context clearly requires otherwise, the term "election" includes a general, primary, second primary, runoff election, bond election, referendum, or special election."
SECTION 2. G.S. 163-227.2(a1) is repealed.
SECTION 3. G.S. 163-230.1(a) reads as rewritten:
"(a) A qualified voter who
is eligible to vote by absentee ballot under G.S. 163-226(a)(1), 163-226(a)
or that voter's near relative or verifiable legal guardian, shall request in
writing an application for absentee ballots, so that the county board of
elections receives the request not later than 5:00 P.M. on the Tuesday before
the election. The county board of elections shall enter in the register of
absentee requests, applications, and ballots issued the information required in
G.S. 163-228 as soon as each item of that information becomes available. Upon
receiving the application, the county board of elections shall cause to be
mailed to that voter in a single package:
(1) The official ballots the voter is entitled to vote;
(2) A container-return envelope for the ballots, printed in accordance with G.S. 163-229; and
(3) Repealed by Session Laws 1999-455, s. 10.
(4) An instruction sheet.
The ballots, envelope, and instructions shall be mailed to the voter by the county board's chairman, member, officer, or employee as determined by the board and entered in the register as provided by this Article."
SECTION 4. This act becomes effective January 1, 2002.
In the General Assembly read three times and ratified this the 26th day of July, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 11:35 a.m. this 3rd day of August, 2001